Opinion
November 5, 1998
Appeal from the Unemployment Insurance Appeal Board.
Claimant was discharged from his employment as a flight attendant after the employer discovered that claimant had falsely indicated on his employment application that he had not been convicted of violating any law. Although claimant admitted that he had been convicted of a misdemeanor, he maintained that he was not required to disclose the conviction because it had been expunged from his record and that his attorney and other third persons had advised him that disclosure of his conviction was not required. The Unemployment Insurance Appeal Board, finding that claimant failed to demonstrate that his conviction had been expunged, disqualified claimant from receiving benefits on the ground that he lost his employment through misconduct. Notwithstanding claimant's excuse for failing to disclose his conviction, we conclude that substantial evidence supports the Board's decision ( see, Matter of Jarvis [Sweeney], 228 A.D.2d 846; Matter of Yuhas [Sweeney], 220 A.D.2d 977; Matter of Ghorab [Sweeney], 219 A.D.2d 793).
Cardona, P. J., White, Yesawich Jr., Peters and Carpinello, JJ., concur.
Ordered that the decision is affirmed, without costs.