Legal Opinion

In re the Claim of Benito

Appellate Division of the Supreme Court of the State of New York

Decided April 28, 1994PublishedCited by 1 opinion

1Opinion of the Court

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 8, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Substantial evidence exists in the record to support the Board’s determination that claimant, a freight elevator operator in a commercial building, committed misconduct when he threatened an employee of one of the building’s tenants with a knife. Although claimant denies that the incident occurred, this merely presented a question of credibility for the Board to…

2Cited by1 opinion

  1. In re the Claim of SimonAppellate Division of the Supreme Court of the State of New York · 1997

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