Opinion
93701.
Decided and Entered: December 31, 2003.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 16, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Oni B. Cole, Buffalo, appellant pro se.
Bond, Schoeneck King, P.L.L.C., Buffalo (James J. Rooney of counsel), for Cornell Cooperative Extension of Erie County, respondent.
Eliot Spitzer, Attorney General, New York City (Marjorie S. Leff of counsel), for Commission of Labor, respondent.
Before: Cardona, P.J., Crew III, Peters, Carpinello and Mugglin, JJ.
MEMORANDUM AND ORDER
Claimant was discharged from his employment as a nutrition educator after it was discovered that he falsely indicated on his time card that he taught a class on the evening of February 6, 2002. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits because he lost his employment due to disqualifying misconduct, prompting this appeal.
The record establishes that claimant complied with the ordinary practices of the employer and submitted his time card prior to the end of the day on February 6, 2002, the last day of the pay period, indicating that he worked that evening from 4:30 P.M. to 8:00 P.M. However, claimant later cancelled that night's evening class and, according to his supervisor, never informed the employer of the subsequent change to the hours he worked. It is well settled that an employee's falsification of time records can constitute disqualifying misconduct (see Matter of Noel [Commissioner of Labor], 306 A.D.2d 671; Matter of Richardson [Eastman Kodak Co. — Commissioner of Labor], 301 A.D.2d 1004). The conflicting testimony as to whether claimant notified the employer of the change in his schedule created a credibility issue that was the Board's responsibility to resolve (see Matter of Noel [Commissioner of Labor], supra at 672;Matter of Sonzogni [Gilmor Glassworks — Commissioner of Labor], 301 A.D.2d 939).
Cardona, P.J., Crew III, Peters, Carpinello and Mugglin, JJ., concur.
ORDERED that the decision is affirmed, without costs.