Opinion
2013-03-7
In the Matter of the Claim of Fiorentino VACCHIO, Respondent. Astoria Rubbish Removal Company, Inc., Appellant. Commissioner of Labor, Respondent.
Thomas Torto, New York City, for appellant. James W. Cooper, Warrensburg, for Fiorentino Vacchio, respondent.
Thomas Torto, New York City, for appellant.James W. Cooper, Warrensburg, for Fiorentino Vacchio, respondent.
Before: PETERS, P.J., ROSE, SPAIN and GARRY, JJ.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 4, 2011, which ruled that claimant was entitled to receive unemployment insurance benefits.
Claimant was terminated from his position as a sanitation truck driver after he refused to sign a time sheet despite the employer's directive to do so. While claimant was admittedly aware of his obligation to sign the time sheet, he testified that he refused to do so on that occasion because his employer had improperly altered the times he had worked. The Unemployment Insurance Appeal Board was free to credit claimant's testimony, and substantial evidence thus supports the Board's determination that his actions did not rise to the level of disqualifying misconduct ( see Matter of Korosi [Star Gas Prods.–Hartnett], 179 A.D.2d 976, 976–977, 579 N.Y.S.2d 209 [1992];cf. Matter of Lambert [Commissioner of Labor], 34 A.D.3d 948, 948, 823 N.Y.S.2d 616 [2006] ). We have examined and rejected the employer's remaining contention ( see Matter of Guerin [Roberts], 88 A.D.2d 1018, 1019, 451 N.Y.S.2d 918 [1982],lv. denied57 N.Y.2d 604, 454 N.Y.S.2d 1029, 440 N.E.2d 799 [1982] ).
ORDERED that the decision is affirmed, without costs.