Majority
Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 29, 2006, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.
Substantial evidence supports the decision of the Unemployment Insurance Appeal Board, which reversed a decision of an Administrative Law Judge and ruled that claimant was disqualified from receiving unemployment insurance benefits because she lost her employment as a pharmacy manager due to misconduct. The employer testified that, on May 9, 2006, claimant left work 2V2 hours early without permission, which was corroborated by another employee who was working that day and witnessed the incident. Although claimant testified to the contrary, maintaining that she did not feel well and was given permission to leave early, “it is within the exclusive province of the Board to resolve such credibility issues and draw inferences from the evidence presented, even if its conclusions
Cardona, P.J., Peters, Spain, Carpinello and Rose, JJ, concur. Ordered that the decision is affirmed, without costs.
Cases cited
- In re the Claim of Radu 13 AD3d 701 at 702 p. 1179
- In re the Claim of Kretchmer 8 AD3d 849 at 850 p. 1179
- In re the Claim of Paquette 45 AD3d 1087 at 1088 p. 1179