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Matter of Mesidor

Appellate Division of the Supreme Court of New York, Third Department
Feb 5, 1998
247 A.D.2d 696 (N.Y. App. Div. 1998)

Opinion

February 5, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant was employed as a factory worker for a fan manufacturer. On his last day of work, claimant was sent home for failing to follow instructions on how to cut metal and was told to come back the next day if he wanted to continue working. Claimant left and did not return to work thereafter. Under these circumstances, we find that substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant voluntarily left his employment without good cause (see, Matter of McKeown [Sweeney], 233 A.D.2d 744). Although claimant testified that he was fired on the day he was sent home, an allegation the employer denied, this conflicting testimony presented a credibility issue for the Board to resolve (see, Matter of Fernandez [Sweeney], 241 A.D.2d 676; Matter of McKeown [Sweeney], supra).

Cardona, P.J., Mikoll, Mercure, Spain and Carpinello, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Mesidor

Appellate Division of the Supreme Court of New York, Third Department
Feb 5, 1998
247 A.D.2d 696 (N.Y. App. Div. 1998)
Case details for

Matter of Mesidor

Case Details

Full title:In the Matter of the Claim of SADRACK MESIDOR, Appellant. JOHN E. SWEENEY…

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

Date published: Feb 5, 1998

Citations

247 A.D.2d 696 (N.Y. App. Div. 1998)
668 N.Y.S.2d 782

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