AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

In the Matter of the Claim of MICHAEL CARAVAN, Appellant. THOMAS F. HARTNETT, as Commissioner of Labor, Respondent.

Initially, we do not find that the Unemployment Insurance Appeal Board abused its discretion in rejecting claimant's application to reopen the Board's prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits (cf., Matter of Schwartz [Creative Tutoring — Roberts], 91 A.D.2d 778). In any event, there is substantial evidence to support the Board's conclusion that claimant was discharged due to misconduct because he failed to follow the proper procedures when notifying his employer that he would be absent (see, Matter of Michelfelder [Ross], 80 A.D.2d 969). Claimant's contentions to the contrary merely raise questions of credibility which were for the Board to resolve (see, Matter of Woods [Ross], 54 A.D.2d 515). There is also substantial evidence to support the Board's conclusion that claimant made willful false statements in order to obtain benefits and that the payments he received were recoverable, as well as the imposition of a forfeiture of future effective benefit days (see, Matter of Muller [Levine], 50 A.D.2d 1005, lv denied 40 N.Y.2d 806).

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

Use AI to get other relevant cases.

Comments

MATTER OF CARAVAN
(Jan 30, 1992)