Opinion
February 6, 1992
Appeal from the Unemployment Insurance Appeal Board.
There is substantial evidence in the record to support the conclusion by the Unemployment Insurance Appeal Board that claimant lost his employment due to misconduct because he made harassing sexual and racial comments to female co-workers (see, Matter of Levick [Ross], 53 A.D.2d 950, appeal dismissed 42 N.Y.2d 909, lv denied 42 N.Y.2d 811; Matter of Martin [Catherwood], 33 A.D.2d 815). A representative for the employer testified as to his having heard claimant make such remarks and that claimant had previously been warned regarding such comments. Two female employees also testified as to the remarks claimant made to them. Although claimant denied that he made such remarks, questions of credibility are for the Board to resolve (see, Matter of Woods [Ross], 54 A.D.2d 515). Claimant's remaining contentions have been considered and rejected as lacking in merit.
Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Mahoney, JJ., concur. Ordered that the decision is affirmed, without costs.