Opinion
February 11, 1993
Appeal from the Unemployment Insurance Appeal Board.
The Unemployment Insurance Appeal Board accepted the testimony of claimant's supervisor that he observed claimant, a packer for a shipping company, take a dress from an open box in the warehouse and place it into a metal container that claimant used for carrying his food to work. Although claimant denies that he stole anything, this merely raised a question of credibility for the Board to resolve (see, Matter of Shea [Ross], 53 A.D.2d 945, lv denied 41 N.Y.2d 801; Matter of Gadson [Catherwood], 28 A.D.2d 1049). In addition, there is no evidence in the record to support claimant's contentions as to why he was discharged. Under the circumstances, the Board's determination that claimant's actions amounted to misconduct, thus disqualifying him from receiving unemployment insurance benefits, is supported by substantial evidence and must be upheld (see, Matter of Attie [Skott Edwards Consultants — Roberts], 134 A.D.2d 751; Matter of Villegas [Levine], 49 A.D.2d 783).
Weiss, P.J., Yesawich Jr., Levine, Crew III and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.