Opinion
June 20, 1991
Appeal from the Unemployment Insurance Appeal Board.
This is claimant's second application to reopen a decision of the Unemployment Insurance Appeal Board disqualifying him from receiving unemployment insurance benefits because he was terminated due to misconduct. In both applications claimant wanted to submit evidence that it was not he, but rather a co-worker, who closed the register early. Although the first application was granted, and the Board adhered to its original decision, the second application was properly denied. Not only did claimant fail to submit any new evidence to the Board to support his request that it reconsider its prior decision (see, Matter of Cruz [Levine], 49 A.D.2d 978), but claimant repeatedly testified during the hearing that he was the one that closed the register early so that he could catch his train home. At no time during the hearing did claimant ever mention that it was the co-worker who actually closed the register. Consequently, we find no abuse of discretion by the Board in rejecting the application (see, Matter of Dixon [Levine], 41 A.D.2d 868, appeal dismissed 33 N.Y.2d 644, cert denied 414 U.S. 1133).
Casey, J.P., Yesawich Jr., Mercure, Crew III and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.