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Matter of Velazquez

Appellate Division of the Supreme Court of New York, Third Department
Jun 20, 1991
174 A.D.2d 922 (N.Y. App. Div. 1991)

Opinion

June 20, 1991

Appeal from the Unemployment Insurance Appeal Board.


The Unemployment Insurance Appeal Board reopened its prior decision for the sole purpose of determining whether there had been compliance with the procedural safeguards set forth in the consent judgment of Municipal Labor Comm. v Sitkin (79 Civ 5899). Having found no substantial violations of procedural safeguards, the Board adhered to its original decision disqualifying claimant from receiving unemployment insurance benefits. Because claimant does not now allege any procedural errors, the Board's decision must be upheld. In any event, the record does not support claimant's contention that she was fired from her job. In fact, her employer testified that claimant would have still worked for him as he was satisfied with her work and her leaving caused him problems because it was at a very busy time. The fact that claimant gave a different version of how her employment ended merely presented a question of credibility which was within the sole province of the Board to resolve (see, Matter of Baker [Hartnett], 147 A.D.2d 790, appeal dismissed 74 A.D.2d 714).

Mahoney, P.J., Casey, Weiss, Levine and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Velazquez

Appellate Division of the Supreme Court of New York, Third Department
Jun 20, 1991
174 A.D.2d 922 (N.Y. App. Div. 1991)
Case details for

Matter of Velazquez

Case Details

Full title:In the Matter of the Claim of MABEL VELAZQUEZ, Appellant. THOMAS F…

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

Date published: Jun 20, 1991

Citations

174 A.D.2d 922 (N.Y. App. Div. 1991)
571 N.Y.S.2d 617

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