UNEMPLOYMENT INSURANCE - HEARINGS & APPEALS

Here is another case from the 3rd Department, Appellate Division similar to yesterday's post:

Matter of Stiefvater Real Estate, Inc. (Commissioner of Labor), 34 AD3d 1176, November 30, 2006, Appellate Division, Third Department (emphasis supplied):

"Initially, we find no merit in Stiefvater's contention that the Board erred in substituting its judgment for the credibility determinations of the Administrative Law Judge. Although considerable weight is accorded to such determinations, the Board is not bound by them and may make its own assessments (see Matter of Simpson [Commissioner of Labor], 301 AD2d 1005 [2003]; Matter of Cooney [Consolidated Edison Co. of N.Y.—Commissioner of Labor], 283 AD2d 820, 821 [2001])."