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Matter of Focella

Appellate Division of the Supreme Court of New York, Third Department
Dec 16, 1993
199 A.D.2d 739 (N.Y. App. Div. 1993)

Opinion

December 16, 1993

Appeal from the Unemployment Insurance Appeal Board.


Resolution of the instant controversy devolves to a question of credibility — claimant arguing that she was terminated from her employment during an August 24, 1991 meeting with her employer and the employer stating that the meeting concerned only claimant's recent poor performance, uncooperativeness and inability to get along with co-workers. According to the employer, claimant was not discharged during the meeting but left of her own accord several days later, stating simply "I quit". The Unemployment Insurance Appeal Board rejected claimant's version of events as incredible, finding that her action in calling in sick the day after the meeting was inconsistent with her claim of discharge the previous day and noting her testimonial admission that the employer never specifically told her that she was fired along with her admitted doubts about whether she had in fact been fired. Credibility determinations being within the exclusive province of the Board (see, e.g., Matter of Jones [Hudacs], 197 A.D.2d 733) and the Board's determination otherwise being supported by substantial evidence, we see no reason to interfere.

Weiss, P.J., Mikoll, Yesawich Jr. and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Focella

Appellate Division of the Supreme Court of New York, Third Department
Dec 16, 1993
199 A.D.2d 739 (N.Y. App. Div. 1993)
Case details for

Matter of Focella

Case Details

Full title:In the Matter of the Claim of SANDRA FOCELLA, Appellant. JOHN F. HUDACS…

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

Date published: Dec 16, 1993

Citations

199 A.D.2d 739 (N.Y. App. Div. 1993)
605 N.Y.S.2d 473

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