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Matter of Merard

Appellate Division of the Supreme Court of New York, Third Department
Jun 12, 1997
240 A.D.2d 828 (N.Y. App. Div. 1997)

Opinion

June 12, 1997

Appeal from the Unemployment Insurance Appeal Board.


Claimant was terminated from his position as a production aide for falsifying information on his employment application. The Unemployment Insurance Appeal Board found claimant disqualified from receiving unemployment insurance benefits because he was terminated for misconduct. Claimant admits that he misrepresented his prior work history on his employment application. Furthermore, claimant's signature appears on the employment application beneath the employer's policy which explains that any false information contained in the application could result in dismissal. Under these circumstances, we find that the Board's decision is supported by substantial evidence (see generally, Matter of Ghorab [Sweeney], 219 A.D.2d 793; Matter of Sapp [Roberts], 111 A.D.2d 977). Claimant's statement that he was fired as a result of being involved in an accident with the employer's van merely presented a credibility issue for the Board to resolve (see generally, Matter of Jonassen [Sweeney], 233 A.D.2d 738, 739).

Mercure, J.P., Crew III, White, Casey and Yesawich Jr., JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Merard

Appellate Division of the Supreme Court of New York, Third Department
Jun 12, 1997
240 A.D.2d 828 (N.Y. App. Div. 1997)
Case details for

Matter of Merard

Case Details

Full title:In the Matter of the Claim of GERARD MERARD, Appellant. ROCKLAND ARC…

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

Date published: Jun 12, 1997

Citations

240 A.D.2d 828 (N.Y. App. Div. 1997)
659 N.Y.S.2d 808