Majority
Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 10, 2014, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.
We affirm. “Conduct that is detrimental to an employer’s interest and contrary to an established policy has been found to constitute disqualifying misconduct” (Matter of Portis [Commissioner of Labor], 118 AD3d 1195 , 1195 [2014] [citation omitted]; see Matter of Cheeseboro [Commissioner of Labor], 84 AD3d 1635 , 1636 [2011]). “Whether a claimant’s actions rise to the level of disqualifying misconduct is a factual issue for the Board to resolve, and its determination in this regard will not be disturbed if supported by substantial evidence” (Matter of Okano [Bruno, Gerbino & Soriano, LLP—Commissioner of Labor], 114 AD3d 1128 , 1128 [2014]; see Matter of Pratt [Cellular Sales of N.Y. LLC—Commissioner of Labor], 125 AD3d 1026 , 1027 [2015]). The hearing testimony and documentary evidence provide substantial evidence supporting the Board’s finding that claimant walked dogs for less than the scheduled length of time, which claimant was aware violated the employer’s established policies governing client care and maintaining accurate time sheet records, and that such conduct was detrimental to the employer’s best interest.
Peters, P.J., McCarthy, Lynch and Devine, JJ., concur.
Ordered that the decision is affirmed, without costs.
Cases cited
- In re the Claim of Portis 118 AD3d 1195 at 1195 p. 1404
- In re the Claim of Cheeseboro 84 AD3d 1635 at 1636 p. 1404
- In re the Claim of Okano 114 AD3d 1128 at 1128 p. 1404
- In re the Claim Pratt 125 AD3d 1026 at 1027 p. 1404