MATTER OF TORRES


51 A.D.2d 618 (1976)

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

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

January 15, 1976


The employer submitted evidence that the claimant was often late for work and would leave early and that he had been warned on numerous occasions as to his conduct. While the claimant offered excuses to justify his conduct, the board was not bound to accept such testimony and concluded that on the credible evidence the action of the employer was justified. Such factual findings are within the exclusive jurisdiction of the board.

Decision affirmed,...

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