Boone v. Orange Steel Erectors Inc. (N.Y.App.Div. 06/22/2000)

[1]

Supreme Court6/22/2000 ht, I cannot find that the inability "to pinpoint the exact date on which the incident occurred" (Matter of Cortese v Rochester Prods. Div., G.M.C., 91 AD2d 802, 803) is fatal. The Board adopted claimant's documentary and testimonial evidence while rejecting the inconsistent testimony of the employer's interested witness (see, Matter of Lewis v. Cambridge Filter Corp., 132 AD2d 802, lv dismissed 70 NY2d 871, lv denied 71 NY2d 805). " ear in mind that it is not the role of this Court to weigh the conflicting proof or to substitute its judgment with respect to the inferences that may be drawn therefrom * * * [notwithstanding the] fact that other evidence in the record would have supported a contrary conclusion * * * " (Matter of Lawrence v. Consolidated Edison Co., 240 AD2d 871, 874 [citations omitted] ), I find the Board's determination to be properly supported. Accordingly, I would affirm. ORDERED that the amended decision is reversed, without costs, and claim dismissed.

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