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Matter of Merriwether

Appellate Division of the Supreme Court of New York, Third Department
Oct 7, 1993
197 A.D.2d 732 (N.Y. App. Div. 1993)

Opinion

October 7, 1993

Appeal from the Unemployment Insurance Appeal Board.


Claimant worked for the employer as its financial officer until November 7, 1990. According to the employer's representatives, on November 6, 1990 claimant was observed by a member of the employer's internal monitoring and budget committee removing old records from storage and making an unusually large number of photocopies. She was also seen leaving that night with a briefcase and two shopping bags "full of something". Upon being informed of claimant's conduct, the employer's president told an outside auditor to give claimant a three-day paid leave of absence while the employer conducted an internal audit. When she was advised of the leave on November 7, 1990, claimant got "very, very angry", refused it and announced that she would not be coming back. She removed all of her personal effects from her office and left.

Given these facts and the record before us, there is substantial evidence to support the conclusion by the Unemployment Insurance Appeal Board that claimant's decision to leave was personal and noncompelling and without good cause (see, Matter of Mele [St. Vincent Hosp. Hartnett], 176 A.D.2d 414; Matter of Simson [Catherwood], 18 A.D.2d 744). Claimant's contrary version of the events and contention that the employer's actions led her to believe that she was being discharged merely raised questions of credibility for the Board to resolve (see, Matter of Baker [Hartnett], 147 A.D.2d 790, appeal dismissed 74 N.Y.2d 714). The Board was free to accept the employer's testimony over that of claimant (see, Matter of Nunes [Roberts], 98 A.D.2d 934). Claimant's remaining contentions have been reviewed and rejected for lack of merit.

Yesawich Jr., J.P., Mercure, Crew III, White and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Merriwether

Appellate Division of the Supreme Court of New York, Third Department
Oct 7, 1993
197 A.D.2d 732 (N.Y. App. Div. 1993)
Case details for

Matter of Merriwether

Case Details

Full title:In the Matter of the Claim of NOVELLA MERRIWETHER, Appellant. GOTHAM…

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

Date published: Oct 7, 1993

Citations

197 A.D.2d 732 (N.Y. App. Div. 1993)
602 N.Y.S.2d 242

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