Opinion
June 12, 1997
Appeal from the Unemployment Insurance Appeal Board.
Claimant, an operations manager, was disqualified from receiving unemployment insurance benefits upon a finding by the Unemployment Insurance Appeal Board that his employment was terminated due to misconduct. The "final straw" leading to claimant's termination was when he left work after the employer's president requested that he stay for a meeting. The employer's president testified that claimant offered no excuse for leaving. Although claimant maintains that he left for religious reasons, this merely presented a credibility issue for the Board to resolve (see, Matter of Perez [Hudacs], 196 A.D.2d 940, 941, lv denied 83 N.Y.2d 755). In any event, a claimant's failure to abide by an employer's reasonable request can constitute misconduct (see, Matter of Corso [Hudacs], 201 A.D.2d 817; Matter of Severino [Hartnett], 170 A.D.2d 739) and we conclude in this case that substantial evidence supports the Board's decision. Claimant's remaining contentions have been considered and found to be without merit.
Cardona, P.J., Mikoll, Mercure, Crew III and White, JJ., concur.
Ordered that the decision is affirmed, without costs.