From Casetext: Smarter Legal Research

Matter of Saponara

Appellate Division of the Supreme Court of New York, Third Department
Oct 25, 1990
166 A.D.2d 865 (N.Y. App. Div. 1990)

Opinion

October 25, 1990

Appeal from the Unemployment Insurance Appeal Board.


Although claimant argued that he could not attend the three-day instructional seminar as directed by the employer, he did not offer a satisfactory explanation for such failure. Furthermore, while he claimed that he was told he did not have to attend, this was a question of credibility within the sole province of the Unemployment Insurance Appeal Board (see, Matter of Nunes [Roberts], 98 A.D.2d 934). Under the circumstances, the conclusion that claimant's failure to attend the seminar constituted misconduct must be upheld (see, Matter of Markovic [Levine], 50 A.D.2d 1031).

Decision affirmed, without costs. Kane, J.P., Weiss, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.


Summaries of

Matter of Saponara

Appellate Division of the Supreme Court of New York, Third Department
Oct 25, 1990
166 A.D.2d 865 (N.Y. App. Div. 1990)
Case details for

Matter of Saponara

Case Details

Full title:In the Matter of the Claim of ANTHONY SAPONARA, Appellant. OLIVETTI…

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

Date published: Oct 25, 1990

Citations

166 A.D.2d 865 (N.Y. App. Div. 1990)
563 N.Y.S.2d 194