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Matter of Smith

Appellate Division of the Supreme Court of New York, Third Department
Sep 18, 1975
49 A.D.2d 784 (N.Y. App. Div. 1975)

Opinion

September 18, 1975


Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 25, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective October 24, 1972 because she voluntarily left her employment without good cause. Involved here is the question of whether or not the claimant had a promise of future employment when she gave up her position at the Rockland State Hospital and the attendant questions of credibility. What constitutes good cause under subdivision 1 of section 593 Lab. of the Labor Law is a factual determination for the board, and its resolution may not be disturbed, if supported by substantial evidence (Matter of Famulare [Catherwood], 34 A.D.2d 705). Likewise, questions of credibility are within the sole province of the board, and its findings must be sustained, if supported by substantial evidence (Matter of Weber [Catherwood], 32 A.D.2d 697). The record here discloses substantial evidence in support of the board's findings. Decision affirmed, without costs. Greenblott, J.P., Kane, Main, Larkin and Reynolds, JJ., concur.


Summaries of

Matter of Smith

Appellate Division of the Supreme Court of New York, Third Department
Sep 18, 1975
49 A.D.2d 784 (N.Y. App. Div. 1975)
Case details for

Matter of Smith

Case Details

Full title:In the Matter of the Claim of AGNES B. SMITH, Appellant. LOUIS L. LEVINE…

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

Date published: Sep 18, 1975

Citations

49 A.D.2d 784 (N.Y. App. Div. 1975)