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MATTER OF LEVICK

53 A.D.2d 950 (1976)

In the Matter of the Claim of Daniel Levick, Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

July 8, 1976

The board found that on two separate occasions the claimant made threatening and intimidating remarks about his employer's executive director. These findings are supported by substantial evidence and cannot be disturbed (Labor Law, § 623; Matter of Fisher [Levine], 36 N.Y.2d 146). The evidence was in conflict, but resolution of the conflict and credibility of witnesses is within the exclusive province of the board (Matter...

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