MATTER OF VOTTELER


18 A.D.2d 1122 (1963)

In the Matter of the Claim of Robert E. Votteler, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 4, 1963


There is substantial evidence that claimant was discharged for continued absenteeism and for failure to report to his employer by telephone in accordance with rules known to him. Although claimant gave another version of his discharge and asserts his conclusory reason therefor, a clear question of fact was presented and the board's determination is conclusive. The receipt of a written statement of the Industrial Commissioner as "argument and not as evidence" was not violative...

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