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Matter of Festa

Appellate Division of the Supreme Court of New York, Third Department
Apr 11, 1991
172 A.D.2d 946 (N.Y. App. Div. 1991)

Opinion

April 11, 1991

Appeal from the Unemployment Insurance Appeal Board.


The evidence supports the conclusion that claimant walked off his job as a project manager for the employer, an electrical construction company. Although claimant testified that he was discharged, this merely presented a question of credibility which was within the sole province of the Unemployment Insurance Appeal Board to resolve (see, Matter of Baker [Hartnett], 147 A.D.2d 790, appeal dismissed 74 N.Y.2d 714; Matter of Weber [Catherwood], 32 A.D.2d 697). The determination that claimant voluntarily left his employment without good cause is therefore supported by substantial evidence (see, Matter of Steed [Roberts], 115 A.D.2d 166). Claimant's remaining contentions have been considered and found to be lacking in merit.

Decision affirmed, without costs. Mahoney, P.J., Weiss, Mikoll, Crew III and Harvey, JJ., concur.


Summaries of

Matter of Festa

Appellate Division of the Supreme Court of New York, Third Department
Apr 11, 1991
172 A.D.2d 946 (N.Y. App. Div. 1991)
Case details for

Matter of Festa

Case Details

Full title:In the Matter of the Claim of FRANK J. FESTA, Appellant. THOMAS F…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Apr 11, 1991

Citations

172 A.D.2d 946 (N.Y. App. Div. 1991)