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MATTER OF GADSON

28 A.D.2d 1049 (1967)

In the Matter of the Claim of Vivian Gadson, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

October 27, 1967

HERLIHY, J.

The appellant's foreman testified that on August 23, 1966 he found claimant asleep on the job shortly before quitting time and that apparently she had been asleep ever since reporting for work on that day. The board chose to accept this testimony rather than the claimant's and its decision as to credibility is final. (See Matter of Golia [Catherwood], 27 A.D.2d 594.) The claimant failed to show any...

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