MATTER OF OXIOS


33 A.D.2d 858 (1969)

In the Matter of the Claim of Angelo Oxios, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

December 11, 1969


REYNOLDS, J.

The board has found that claimant, a messenger for a law firm, provoked his discharge and thus left employment without good cause by refusing to make two deliveries as directed by his employer. The determination as to what transpired between the employer and employee is factual and the issues of fact and credibility involved are within the sole province of the board if supported by substantial evidence (e.g., Matter of Dominique [Catherwood...

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