Opinion
October 27, 1967
Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board dated January 19, 1967 which held that the claimant had voluntarily left her employment without good cause by provoking her discharge. The appellant's foreman testified that on August 23, 1966 he found claimant asleep on the job shortly before quitting time and that apparently she had been asleep ever since reporting for work on that day. The board chose to accept this testimony rather than the claimant's and its decision as to credibility is final. (See Matter of Golia [ Catherwood], 27 A.D.2d 594.) The claimant failed to show any circumstances which would indicate that such conduct had been acceptable in the employment or which would excuse such conduct in this employment. Decision affirmed, without costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by Herlihy, J.