From Casetext: Smarter Legal Research

Matter of Somerville

Appellate Division of the Supreme Court of New York, Third Department
Dec 5, 1991
178 A.D.2d 742 (N.Y. App. Div. 1991)

Opinion

December 5, 1991

Appeal from the Unemployment Insurance Appeal Board.


Claimant admitted that he got into a dispute with his employer's vice-president regarding his request to be paid early, that he became upset and walked off the job without informing the vice-president that he was leaving. He also admitted that on the next two scheduled work days he arrived late and left without working either day. Under these circumstances, the conclusion by the Unemployment Insurance Appeal Board that claimant lost his employment due to misconduct is supported by substantial evidence and must be upheld (see, Matter of Bois [Levine], 53 A.D.2d 731; Matter of Rossano [Levine], 52 A.D.2d 1006). Claimant's contentions to the contrary concern questions of credibility which were for the Board to resolve (see, Matter of Padilla [Sephardic Home for the Aged — Roberts], 113 A.D.2d 997).

Casey, J.P., Weiss, Levine, Mercure and Crew III, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Somerville

Appellate Division of the Supreme Court of New York, Third Department
Dec 5, 1991
178 A.D.2d 742 (N.Y. App. Div. 1991)
Case details for

Matter of Somerville

Case Details

Full title:In the Matter of the Claim of THOMAS D. SOMERVILLE, Appellant. THOMAS F…

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

Date published: Dec 5, 1991

Citations

178 A.D.2d 742 (N.Y. App. Div. 1991)
577 N.Y.S.2d 180