Opinion
February 11, 1993
Appeal from the Unemployment Insurance Appeal Board.
Claimant's employment was terminated because she misrepresented her educational qualifications on her job application. The Unemployment Insurance Appeal Board accepted as credible claimant's testimony that she believed she had a college degree when she filled out the application. The determination of misconduct is a factual issue for the Board to resolve (see, Matter of Burke [Glover Bottled Gas Corp. — Roberts], 104 A.D.2d 702). There was no finding in this case that claimant made any willful misrepresentations on her job application (cf., Matter of Powers [Levine], 51 A.D.2d 1078). In fact, as the Board pointed out, claimant wrote a letter to her employer well over a year prior to her discharge admitting that there were problems and that her transcript indicated that she did not have a degree. The letter also set forth the reasons for the confusion surrounding the lack of the degree. Even if it is accepted that claimant may have displayed inefficiency, negligence or bad judgment, this would not automatically disqualify her from receiving unemployment insurance benefits (see, Matter of Arroyo [Dry Harbor Nursing Home — Hartnett], 145 A.D.2d 886; Matter of Fiscarelli [Ross], 65 A.D.2d 855). There is substantial evidence in the record before us to support the Board's conclusion that claimant did not lose her employment through misconduct, and its decision awarding her benefits must therefore be upheld (see, Matter of Padilla [Sephardic Home for the Aged — Roberts], 113 A.D.2d 997).
Mikoll, J.P., Levine, Mercure, Mahoney and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.