Opinion
June 5, 1997
Appeal from the Unemployment Insurance Appeal Board.
Claimant, a door attendant at a condominium complex, was discharged from his employment after his investigation into a noise complaint culminated in claimant improperly entering a condominium unit and engaging in a physical altercation with one of the residents. The Unemployment Insurance Appeal Board disqualified claimant from receiving unemployment insurance benefits upon a finding that he was terminated from his employment due to misconduct and that he made a willful false statement to obtain benefits. The conflicting testimony offered at the hearing merely presented a credibility issue for the Board to resolve ( see, Matter of Thompson [Hudacs], 210 A.D.2d 614, 615). Given the findings that claimant did not have authority to enter a resident's home for noise violations and that he omitted significant facts regarding the incident in his log entry, we conclude that the Board's decision is supported by substantial evidence ( see, Matter of Redjepi [Hudacs], 210 A.D.2d 727, 728). Inasmuch as claimant knew that he was fired for misconduct, the Board's finding that claimant made a willful false statement, along with its decision to assess a recoverable overpayment and reduce his right to receive future benefits, are upheld ( see, Matter of Marinelli [Hudacs], 195 A.D.2d 741). Claimant's remaining contentions have been considered and found to be unpersuasive.
Mikoll, J.P., Mercure, White, Casey and Spain, JJ., concur.
Ordered that the decision is affirmed, without costs.