MATTER OF BELAI


168 A.D.2d 773 (1990)

In the Matter of the Claim of Dawit Belai, Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

December 13, 1990


Three witnesses for the employer testified that claimant admitted to them that on a number of occasions he sold books to students at an unauthorized discount and also at times gave books away free. These activities were not within claimant's discretion and were done without permission or knowledge of claimant's manager. Although claimant's version of the facts differed, this created only a question of credibility for the Unemployment Insurance Appeal Board to resolve (

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