From Casetext: Smarter Legal Research

Matter of McNeil

Appellate Division of the Supreme Court of New York, Third Department
Feb 27, 1992
180 A.D.2d 994 (N.Y. App. Div. 1992)

Opinion

February 27, 1992

Appeal from the Unemployment Insurance Appeal Board.


There is substantial evidence in the record to support the conclusion by the Unemployment Insurance Appeal Board that there were no compelling reasons supporting claimant's separations from employment and that his periods of unemployment were contrived by himself and his employer (see generally, Matter of Goggin [Ross], 79 A.D.2d 1057; Matter of Picardi [Levine], 51 A.D.2d 824). The Board's conclusion that claimant voluntarily left his employment without good cause must therefore be upheld (see, Matter of Baker [Hartnett], 147 A.D.2d 790, appeal dismissed 74 N.Y.2d 714). As to claimant's contentions to the contrary, we note that it was for the Board to resolve conflicts in the evidence and to assess the credibility of witnesses (see, Matter of Noss [Lawrence Aviation Indus. — Roberts], 133 A.D.2d 510, lv denied 71 N.Y.2d 802). There is also substantial evidence in the record to support the Board's conclusion that claimant made willful false statements to obtain unemployment insurance benefits (see, Matter of Muller [Levine], 50 A.D.2d 1005, lv denied 40 N.Y.2d 806).

Weiss, P.J., Mikoll, Yesawich Jr. and Levine, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of McNeil

Appellate Division of the Supreme Court of New York, Third Department
Feb 27, 1992
180 A.D.2d 994 (N.Y. App. Div. 1992)
Case details for

Matter of McNeil

Case Details

Full title:In the Matter of the Claim of ROBERT F. McNEIL, Appellant. JOHN F. HUDACS…

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

Date published: Feb 27, 1992

Citations

180 A.D.2d 994 (N.Y. App. Div. 1992)

Citing Cases

Matter of Contro

The record indicates that claimant established a pattern of working for her husband's plumbing business, then…

In the Matter of the Claim of Murtaugh

MEMORANDUM AND ORDER There is substantial evidence in the record to support the finding by the Unemployment…