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MATTER OF LESTER

30 A.D.2d 1025 (1968)

In the Matter of the Claim of Murray Lester, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

October 30, 1968

REYNOLDS, J.

The determination of the board that claimant lost his employment through misconduct is factual and thus must be upheld if supported by substantial evidence (e.g., Matter of Rivera [Catherwood], 28 A.D.2d 1036). The issue of credibility is also clearly within the exclusive province of the board (e.g., Matter of Soman [Glenshaw Glass], 28 A.D.2d 219). Here...

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