Matter of White

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Third DepartmentDec 23, 1975
50 A.D.2d 1019 (N.Y. App. Div. 1975)

December 23, 1975

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 22, 1974, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits on the ground he voluntarily left his employment without good cause by provoking his discharge (Labor Law, § 593, subd 3). There is substantial evidence in the instant record to support the board's factual findings even accepting, arguendo, claimant's argument that the testimony of the supervisor should not be accepted because of his failure to have an opportunity for cross-examination (cf. Matter of Harper [Levine], 41 A.D.2d 975). The board's determination must, therefore, be affirmed. Decision affirmed, without costs. Herlihy, P.J., Sweeney, Koreman, Larkin and Reynolds, JJ., concur.

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