MATTER OF CIALLELA


172 A.D.2d 888 (1991)

In the Matter of the Claim of Marie Ciallela, Appellant. Our Lady of Victory Hospital, Respondent; Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

April 4, 1991


The evidence establishes that claimant, a nurse's aide, had previously been told that she needed to be more careful in speaking to patients. The incident that culminated in her termination was her use of foul language toward a particular patient. Although claimant denied the use of such language, that merely presented a question of credibility which was within the exclusive province of the Unemployment Insurance Appeal Board to resolve (see, Matter of Padilla [Sephardic...

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