MATTER OF ANDREWS


29 A.D.2d 807 (1968)

In the Matter of the Claim of George Andrews, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

February 16, 1968


HERLIHY, J.

The issue is whether or not the record contains substantial evidence to support the determination. The board could and did find that the claimant took an unauthorized break from his duties of approximately 25 minutes' duration. However, the statements that "this was against employer's rules" and "that such absence was not permissible" and "could very well result in his discharge prior to the effective date of his resignation" are not supported...

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