Matter of Stern (Commissioner of Labor)

Matter of Stern (Commissioner of Labor) 2015 NY Slip Op 08223 Decided on November 12, 2015 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: November 12, 2015
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[*1] AMY J. STERN, Appellant.

and

COMMISSIONER OF LABOR, Respondent.

Calendar Date: September 22, 2015
Before: McCarthy, J.P., Egan Jr., Lynch and Clark, JJ.

Amy J. Stern, Pittsford, appellant pro se.

Eric T. Schneiderman, Attorney General, New York City (Bessie Bazile of counsel), for respondent.

MEMORANDUM AND ORDER

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 18, 2014, 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 finding that claimant, a part-time human resources specialist, was discharged from her employment due to disqualifying misconduct. The employer testified that, despite prior warnings about, among other things, accurately reflecting her work hours, claimant falsified her time sheet. Claimant was aware of the employer's policy against falsifying time sheets and that the employer considered such conduct fraudulent. "An employee's falsification of documents and/or failure to abide by an employer's known policy may constitute disqualifying misconduct" (Matter of Novak [Commissioner of Labor], 52 AD3d 1144, 1145 [2008] [citations

omitted]; see Matter of Fulcher [Commissioner of Labor], 32 AD3d 1064, 1064 [2006]). Claimant's proffered excuse for any discrepancies in her time sheet presented a credibility issue for the Board to resolve (see Matter of Marione [Commissioner of Labor], 25 AD3d 1055, 1055 [2006]).

McCarthy, J.P., Egan Jr., Lynch and Clark, JJ., concur.

ORDERED that the decision is affirmed, without costs.