MATTER OF BARRIENTOS


190 A.D.2d 926 (1993)

In the Matter of the Claim of Marco T. Barrientos, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

February 11, 1993


The Unemployment Insurance Appeal Board accepted the testimony of claimant's supervisor that he observed claimant, a packer for a shipping company, take a dress from an open box in the warehouse and place it into a metal container that claimant used for carrying his food to work. Although claimant denies that he stole anything, this merely raised a question of credibility for the Board to resolve (see, Matter of Shea ...

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