MATTER OF CHAMBERS


238 A.D.2d 643 (1997)

656 N.Y.S.2d 962

In the Matter of the Claim of Pedro A. Chambers, Appellant. Goldenshtein Restaurant Equipment Manufacturing Corporation, Respondent; John E. Sweeney, as Commissioner of Labor, Respondent

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

April 3, 1997


Claimant was employed as a refrigeration mechanic until August 1994 when he was terminated as the result of a physical altercation between himself and the employer's president. Claimant's application for unemployment insurance benefits was ultimately denied on the ground of misconduct. Claimant challenges the Unemployment Insurance Appeal Board's decision contending that his testimony was more credible than other witnesses' testimony.

It is well settled that questions...

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