In re the Claim of Petrosov
Opinion of the Court
—Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 8, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.
Claimant was discharged from her employment as a cashier
We affirm. Notwithstanding claimant’s assertion that the Board’s decision should be reversed inasmuch as the employer subsequently withdrew his objection to her eligibility to receive benefits, we find that substantial evidence supports the Board’s finding that claimant engaged in disqualifying misconduct. It is well settled that “[a]n employee’s apparent dishonesty or failure to comply with the employer’s established policies and procedures can constitute disqualifying misconduct” (Matter of Huggins [Samaritan Med. Ctr. — Commissioner of Labor], 257 AD2d 877, 878; see, Matter of Williams [Commissioner of Labor], 262 AD2d 903, 905). To the extent that claimant’s version of the events surrounding her termination differed from that of the employer, this conflict presented a credibility issue for the Board to resolve (see, Matter of Derian [Sweeney], 239 AD2d 722, 723).
Her cure, J. P., Peters, Spain, Carpinello and Rose, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.