MATTER OF FAHY


29 A.D.2d 712 (1968)

In the Matter of the Claim of Anthony A. Fahy, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

January 12, 1968


REYNOLDS, J.

The board has found that claimant's discharge was precipitated by his being intoxicated during employment and that considering his position as an armed bank guard such action constituted misconduct. Such determinations are factual, and where as here there is only a dispute as to factual issues and the board's decision is supported by substantial evidence it must be affirmed by this court (Labor Law, § 623; e.g., Matter of Poveda ...

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