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Matter of MacDevitt

Appellate Division of the Supreme Court of New York, Third Department
Dec 15, 1967
29 A.D.2d 588 (N.Y. App. Div. 1967)

Opinion

December 15, 1967


MEMORANDUM BY THE COURT. Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board which denied him benefits on the ground that he had voluntarily left his employment without good cause. The sole issue before the board was whether or not the facts constituted good cause. The record establishes that the claimant had a heated discussion with his superior, but it does not appear that he was laid off. The claimant considered a certain statement as a threat of termination, but whether or not such threat constituted good cause was a factual issue for the board. The board stated that "The possibility of a future discharge is not a compelling reason for leaving the employment". The issue of credibility is solely within the province of the board. ( Matter of Fusfeld [ Catherwood], 19 A.D.2d 678.) Decision affirmed, without costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by the court.


Summaries of

Matter of MacDevitt

Appellate Division of the Supreme Court of New York, Third Department
Dec 15, 1967
29 A.D.2d 588 (N.Y. App. Div. 1967)
Case details for

Matter of MacDevitt

Case Details

Full title:In the Matter of the Claim of ROBERT E. MacDEVITT, Appellant. H. CLAY…

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

Date published: Dec 15, 1967

Citations

29 A.D.2d 588 (N.Y. App. Div. 1967)