MATTER OF RANDAZZO


29 A.D.2d 900 (1968)

In the Matter of the Claim of Angelina Randazzo, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

March 7, 1968


HERLIHY, J.

This court has stated on numerous occasions that credibility is an issue solely within the province of the board and if there is substantial evidence to sustain the board's finding, this court affirms. We are constrained to note, however, that the voluntary returning of the benefit check by the claimant is strong evidence of her honesty, made more evident when we consider that the said claimant was handicapped by a language barrier. The board...

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