MATTER OF LAGATTOLIA


50 A.D.2d 626 (1975)

In the Matter of the Claim of Victor Lagattolia, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

November 6, 1975


Where there is contradictory proof in the testimony and in claimant's application for benefits and his summary of insurance interview, issues of fact and credibility are presented for the board's determination. Although the employer and claimant testified that claimant was laid-off due to lack of work, the board was not required to accept such testimony. Taking the record in its entirety, we conclude that the determination is supported by substantial evidence and we must...

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