Matter of Andrews (A.C. Roman & Assoc.--Commissioner of Labor)

Matter of Matter of Andrews (A.C. Roman & Assoc.--Commissioner of Labor) 2014 NY Slip Op 04555 Decided on June 19, 2014 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: June 19, 2014
518000

[*1] MICHAEL P. ANDREWS, Respondent.

and

A.C. ROMAN & ASSOCIATES, Appellant. COMMISSIONER OF LABOR, Respondent.

Calendar Date: May 2, 2014
Before: Peters, P.J., Lahtinen, Stein, Rose and Devine, JJ.

A.C. Roman & Associates, Lynbrook (Adrienne L. Lasaponara of counsel), for appellant.

Blitman & King, LLP, Syracuse (Brian LaClair of counsel), for Michael P. Andrews, respondent.

MEMORANDUM AND ORDER

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 4, 2013, which ruled that claimant was entitled to receive unemployment insurance benefits.

We affirm. It is well settled that whether a claimant has engaged in disqualifying misconduct is a factual question for the Unemployment Insurance Appeal Board to resolve and its decision will be upheld if supported by substantial evidence (see Matter of Jaiyesimi [ISS Action Inc.-Commissioner of Labor], 114 AD3d 983, 983 [2014]). Here, the Board concluded that claimant was discharged for reporting to work one hour after his scheduled start time on February 15, 2012. With respect to that assignment, claimant testified that he and his supervisor discussed changing the start time from 7:30 a.m. until 8:30 a.m. a week earlier. While the employer claimed that there was no discussion or agreement to change that specific start time, the Board chose to credit claimant's testimony. It is the Board's exclusive province to decide issues of credibility, and we find its decision that there was no credible evidence of misconduct and that claimant is entitled to receive benefits is supported by substantial evidence (see Matter of Morris [Lenox Hill Neighborhood House Inc.-Commissioner of Labor], 110 AD3d 1333, 1334 [2013]).

Peters, P.J., Lahtinen, Stein, Rose and Devine, JJ., concur.

ORDERED that the decision is affirmed, with costs.