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MATTER OF BOORAS

50 A.D.2d 627 (1975)

In the Matter of the Claim of Robert C. Booras, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent. New York Telephone Company, Respondent

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

November 6, 1975

Claimant's explanation for his absence from his assigned work station, after final warnings as to the consequences of such conduct, merely presented questions of fact and credibility. The resolution of these issues is solely within the province of the board, and its determination must be sustained where, as here, it is supported by substantial evidence (Matter of Lester [Catherwood], 30 A.D.2d 1025).

Decision affirmed,...

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