MATTER OF McDONALD


52 A.D.2d 697 (1976)

In the Matter of the Claim of Thomas McDonald, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

April 22, 1976


Claimant's denial at the hearing that he discarded rather than deliver third class mail when juxtaposed to eyewitness testimony that the mail truck assigned to claimant was at the site at the time scheduled and that the physiognomy of the operator of the truck closely resembled that of claimant, raised a factual question that was within the province of the board to resolve. (Cf. US Code, tit 5, § 8506, subd [a], par [4], authorizing State agency of Federal employer to...

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