Opinion
September 26, 1991
Appeal from the Unemployment Insurance Appeal Board.
The Unemployment Insurance Appeal Board accepted the testimony of the employer's night audit manager that she found claimant sleeping on a couch while he was working his midnight to 8:00 A.M. shift as supervisory security officer. Although claimant denied that he had been asleep, this merely raised a question of credibility for the Board to resolve (see, Matter of Woods [Ross], 54 A.D.2d 515; Matter of Gadson [Catherwood], 28 A.D.2d 1049). In addition, sleeping while on duty was in violation of the employer's written rules which claimant had signed. Violation of a company rule of which an employee is aware has been held to constitute misconduct (see, Matter of Sylvester [Hartnett], 143 A.D.2d 478; Matter of Cirlin [Ross], 70 A.D.2d 1030). Accordingly, the conclusion that claimant lost his employment due to misconduct is supported by substantial evidence and must be upheld (see, Matter of Rossano [Levine], 52 A.D.2d 1006).
Casey, J.P., Mikoll, Yesawich Jr., Levine and Crew III, JJ., concur. Ordered that the decision is affirmed, without costs.