Opinion
94843.
Decided and Entered: May 6, 2004.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 12, 2003, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
John D. Lapham, Niagara Falls, appellant pro se.
Hodgson Russ, Buffalo (Brendan P. Kelleher of counsel), for Starline USA, Inc., respondent.
Eliot Spitzer, Attorney General, New York City (Bessie Bazile of counsel), for Commissioner of Labor, respondent.
Before: Cardona, P.J., Mercure, Carpinello, Lahtinen and Kane, JJ.
MEMORANDUM AND ORDER
Substantial evidences supports the decision of the Unemployment Insurance Appeal Board finding that claimant lost his employment as a driver for a warehouse due to disqualifying misconduct when he refused to work mandatory overtime. The employer testified that claimant was aware at the time he was hired that overtime, including Saturday, was a condition of employment. Inasmuch as claimant refused the employer's reasonable overtime work assignment and he was aware that it could lead to his termination, we find no reason to disturb the Board's decision (see Matter of Legault [Commissioner of Labor], 286 A.D.2d 795; Matter of Velez [Sweeney], 243 A.D.2d 939, lv denied 91 N.Y.2d 805; Matter of Lander [Sweeney], 242 A.D.2d 821). To the extent that claimant's testimony differed from that presented by the employer with regard to the agreed-upon overtime, this created a credibility issue for the Board to resolve (see Matter of Mack [Commissioner of Labor], 257 A.D.2d 828).
Cardona, P.J., Mercure, Carpinello, Lahtinen and Kane, JJ., concur.
ORDERED that the decision is affirmed, without costs.