MATTER OF FESTA


172 A.D.2d 946 (1991)

In the Matter of the Claim of Frank J. Festa, Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

April 11, 1991


The evidence supports the conclusion that claimant walked off his job as a project manager for the employer, an electrical construction company. Although claimant testified that he was discharged, this merely presented a question of credibility which was within the sole province of the Unemployment Insurance Appeal Board to resolve (see, Matter of Baker [Hartnett], 147 A.D.2d 790

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