Opinion
April 11, 1991
Appeal from the Unemployment Insurance Appeal Board.
After a hearing, an arbitrator found that claimant and other banquet waiters employed by a hotel had stolen wallets provided as banquet favors for distribution to guests. The Administrative Law Judge, holding that he was bound by the arbitrator's finding, then ruled that claimant was disqualified from receiving unemployment insurance benefits because such behavior constituted misconduct; the Unemployment Insurance Appeal Board affirmed this decision. The Administrative Law Judge was bound by the arbitrator's findings of fact, i.e., that claimant stole the wallets that were found in his locker (see, Matter of Ranni [Ross], 58 N.Y.2d 715, 717-718). The record therefore contains substantial evidence to support the decision that this behavior amounted to misconduct (see, Matter of Sylvester [Hartnett], 143 A.D.2d 478).
Decision affirmed, without costs. Mahoney, P.J., Weiss, Mikoll, Crew III and Harvey, JJ., concur.