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Matter of Harmon

Appellate Division of the Supreme Court of New York, Third Department
Apr 11, 1991
172 A.D.2d 938 (N.Y. App. Div. 1991)

Opinion

April 11, 1991

Appeal from the Unemployment Insurance Appeal Board.


The evidence before the Unemployment Insurance Appeal Board supports its conclusion that although claimant may have had good cause to refuse to work evening hours, he did not have sufficient reason to refuse to work at another location of the employer's business. The second location would have enabled claimant to continue to work in the daytime. The record also establishes that the employer's refusal to reimburse claimant for his travel time was not unreasonable. Although claimant contended that at the time of his being hired, the employer agreed that he would work exclusively at only one location, the employer disputed that assertion. Questions of credibility are left solely to the Board and it was free to accept the employer's testimony and reject claimant's testimony (see, Matter of Nunes [Roberts], 98 A.D.2d 934). Accordingly, the decision that claimant left his employment without good cause is supported by substantial evidence and must be upheld (see, Matter of Baker [Hartnett], 147 A.D.2d 790, appeal dismissed 74 N.Y.2d 714).

Decision affirmed, without costs. Mahoney, P.J., Casey, Weiss, Yesawich, Jr., and Harvey, JJ., concur.


Summaries of

Matter of Harmon

Appellate Division of the Supreme Court of New York, Third Department
Apr 11, 1991
172 A.D.2d 938 (N.Y. App. Div. 1991)
Case details for

Matter of Harmon

Case Details

Full title:In the Matter of the Claim of JOHN P. HARMON, 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 938 (N.Y. App. Div. 1991)
568 N.Y.S.2d 217