Opinion
04-14-2016
In the Matter of the Claim of Shawn ROY, Appellant. Commissioner of Labor, Respondent.
Shawn Roy, Albany, appellant pro se.
Shawn Roy, Albany, appellant pro se.
Opinion
Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 24, 2014, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Substantial evidence supports the Unemployment Insurance Board's determination that claimant was discharged from his position as a food service worker in a nursing home due to disqualifying misconduct. Claimant was obligated “even during his off-duty hours, to honor the standards of behavior which his employer has a right to expect of him and ... he may be denied unemployment benefits as a result of misconduct in connection with his work if he fails to live up to this obligation” (Matter of Markowitz [New York City Human Resources Admin.-Roberts], 94 A.D.2d 155, 156, 464 N.Y.S.2d 262 [1983]; see Matter of Punter [Ross], 43 N.Y.2d 743, 744, 401 N.Y.S.2d 789, 372 N.E.2d 576 [1977]; Matter of Moniz [Nucor Steel Auburn,Inc.-Commissioner of Labor], 126 A.D.3d 1251, 1252, 3 N.Y.S.3d 657 [2015] ). Here, the record contains evidence that claimant created violent and sexually explicit videos using “LEGO” characters, including characters depicting the executive director of the nursing home, claimant's department head and two female coworkers, and posted the videos online. Although claimant testified that he was depicting celebrities and fictional characters in his movies, and not his coworkers, this presented a credibility issue for the Board to resolve (see Matter of Manieson [Commissioner of Labor], 119 A.D.3d 1312, 1313, 989 N.Y.S.2d 708 [2014]; Matter of Portis [Commissioner of Labor], 118 A.D.3d 1195, 1196, 987 N.Y.S.2d 519 [2014] ). Under these circumstances, we perceive no basis to disturb the Board's determination that claimant engaged in disqualifying misconduct. Claimant's remaining claims have been considered and found to be without merit.
ORDERED that the decision is affirmed, without costs.
McCARTHY, J.P., EGAN JR., LYNCH and CLARK, JJ., concur.