In re the Claim of Desvaux

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1975-09-11
Citations: 49 A.D.2d 778
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Lead Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 11, 1974, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective August 1, 1974 on the ground that she lost her employ

Page 779
ment because of misconduct in connection therewith. The determination of the issue of misconduct is a factual one and if, as in this case, it is supported by substantial evidence, such a decision must be affirmed (Matter of Lester [CatherwoodJ 30 AD2d 1025). Decision affirmed, without costs. Greenblott, J. P., Kane, Main, Larkin and Reynolds, JJ., concur.