MATTER OF KELLEY


206 A.D.2d 722 (1994)

614 N.Y.S.2d 940

In the Matter of the Claim of Marc J. Kelley, Respondent. Jessel Rothman, P. C., Appellant; John F. Hudacs, as Commissioner of Labor, Respondent

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

July 21, 1994


We find that there is substantial evidence in the record to support the Board's determination that claimant did not voluntarily leave his employment as a paralegal without good cause. The credible evidence established that claimant left his job because of his employer's verbal abuse and deprecating behavior, which exceeded the bounds of propriety. Significantly, the Board was free to disbelieve the employer's witnesses and credit those of claimant.

Ordered that the...

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