Opinion
September 4, 1997
Appeal from the Unemployment Insurance Appeal Board.
Following an arbitration hearing held pursuant to Civil Service Law § 75, claimant was discharged from his employment as a correction officer for various violations of his employer's policies and regulations regarding, inter alia, sick leave. The Board properly gave collateral estoppel effect to the factual findings of the arbitrator inasmuch as claimant was given a full and fair opportunity to litigate the issue of his misconduct at the arbitration hearing ( see, Matter of Fox [New York City Dept. of Hous. Preservation Dev. — Sweeney], 233 A.D.2d 645, 646; Matter of Kilgore [Triboro Coach Corp. — Sweeney], 227 A.D.2d 710). Given the arbitrator's finding that claimant willfully violated the employer's sick leave policies, substantial evidence supports the Board's finding that claimant was disqualified from receiving unemployment insurance benefits ( see, Matter of Kobb [Sweeney], 235 A.D.2d 889).
On administrative appeal of the arbitrator's decision, which was not complete at the time of the Unemployment Insurance Appeal Board's decision, the factual findings were affirmed but suspension was recommended rather than termination.
Mikoll, J.P., White, Casey, Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.