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MATTER OF SAPONARA

166 A.D.2d 865 (1990)

In the Matter of the Claim of Anthony Saponara, Appellant. Olivetti Corporation, Respondent; Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

October 25, 1990

Although claimant argued that he could not attend the three-day instructional seminar as directed by the employer, he did not offer a satisfactory explanation for such failure. Furthermore, while he claimed that he was told he did not have to attend, this was a question of credibility within the sole province of the Unemployment Insurance Appeal Board (see, Matter of Nunes [Roberts], 98 A.D.2d 934). Under the circumstances...

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