MATTER OF BENITO


203 A.D.2d 846 (1994)

612 N.Y.S.2d 967

In the Matter of the Claim of Jean C. Benito, Appellant. Shulsky Properties, Respondent; John F. Hudacs, as Commissioner of Labor, Respondent

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

April 28, 1994


Substantial evidence exists in the record to support the Board's determination that claimant, a freight elevator operator in a commercial building, committed misconduct when he threatened an employee of one of the building's tenants with a knife. Although claimant denies that the incident occurred, this merely presented a question of credibility for the Board to resolve. We have considered claimant's remaining contention and find it lacking in merit.

Ordered that...

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