Opinion
520527
11-12-2015
In the Matter of the Claim of Aaron D. ARGUETA, Appellant. Barney's New York, Inc., Respondent. Commissioner of Labor, Respondent.
DeLince Law, PLLC, New York City (J. Patrick DeLince of counsel), for appellant. Proskauer Rose, LLP, New York City (Howard Z. Robbins of counsel), for Barney's New York, Inc., respondent. Eric T. Schneiderman, Attorney General, New York City (Gary Leibowitz of counsel), for Commissioner of Labor, respondent.
DeLince Law, PLLC, New York City (J. Patrick DeLince of counsel), for appellant.
Proskauer Rose, LLP, New York City (Howard Z. Robbins of counsel), for Barney's New York, Inc., respondent.
Eric T. Schneiderman, Attorney General, New York City (Gary Leibowitz of counsel), for Commissioner of Labor, respondent.
Opinion
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 his employment was terminated due to misconduct.
Claimant was discharged from his employment as a store detective in the loss prevention department of a retail clothing store for taking unauthorized breaks and sleeping during his shift. The Unemployment Insurance Appeal Board found that claimant was disqualified from receiving unemployment insurance benefits because he lost his employment due to disqualifying misconduct. Contrary to claimant's contention, the testimony at the hearing and the inferences to be drawn from the videotape evidence provide substantial evidence to support the Board's finding that claimant slept during his shift, which claimant was aware violated the employer's established policy (see Matter of Beydoun [Trump World Tower Condominium–Commissioner of Labor], 308 A.D.2d 625, 625, 764 N.Y.S.2d 226 [2003] ; Matter of De Maria [Commissioner of Labor], 276 A.D.2d 1010, 1010–1011, 714 N.Y.S.2d 588 [2000] ). Although claimant denied that he was sleeping, this presented a credibility issue for the Board to resolve (see Matter of Sanders [Rescue Mission Alliance Inc.-Commissioner of Labor], 106 A.D.3d 1311, 1312, 965 N.Y.S.2d 238 [2013] ; Matter of Jordan [Moschitto Trim & Jewelry Corp.-Commissioner of Labor], 296 A.D.2d 734, 734–735, 745 N.Y.S.2d 301 [2002] ). Claimant's remaining contentions have been reviewed and found to be unpersuasive.
ORDERED that the decision is affirmed, without costs.
GARRY, J.P., ROSE, DEVINE and CLARK, JJ., concur.