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Matter of Holt

Appellate Division of the Supreme Court of New York, Third Department
Dec 31, 1991
178 A.D.2d 863 (N.Y. App. Div. 1991)

Opinion

December 31, 1991

Appeal from the Unemployment Insurance Appeal Board.


The employer's representative testified that claimant was informed when he was hired that he would be working alone after his training was finished. Although claimant denied that he was ever so informed, this presented a question of credibility for the Unemployment Insurance Appeal Board to resolve (see, Matter of Baker [Hartnett], 147 A.D.2d 790, appeal dismissed 74 N.Y.2d 714). There is therefore substantial evidence in the record to support the Board's conclusion that claimant was aware of the conditions of his employment when he was hired and that his reasons for quitting were personal and noncompelling (see, Matter of Siff [Catherwood], 32 A.D.2d 699). There is also substantial evidence in the record to support the further conclusion that claimant willfully made false statements to obtain unemployment insurance benefits (see, Matter of Muller [Levine], 50 A.D.2d 1005, lv denied 40 N.Y.2d 806) and that the benefits he received were therefore recoverable (Labor Law § 597).

Mahoney, P.J., Casey, Levine, Mercure and Crew III, JJ. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Holt

Appellate Division of the Supreme Court of New York, Third Department
Dec 31, 1991
178 A.D.2d 863 (N.Y. App. Div. 1991)
Case details for

Matter of Holt

Case Details

Full title:In the Matter of the Claim of ROBERT H. HOLT, Appellant. THOMAS F…

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

Date published: Dec 31, 1991

Citations

178 A.D.2d 863 (N.Y. App. Div. 1991)

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