Opinion
93463
September 11, 2003.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 28, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Deb Beydoun, New York City, appellant pro se.
Rosen Weinhaus L.L.P., New York City, for Trump World Tower Condominium, respondent.
Eliot Spitzer, Attorney General, New York City (Bessie Bazile of counsel), for Commissioner of Labor, respondent.
Before: Cardona, P.J., Crew III, Peters, Spain and, Carpinello, JJ.
MEMORANDUM AND ORDER
Claimant was discharged from his employment as a concierge for a condominium residence building after he was videotaped sleeping during his shift. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant lost his job due to disqualifying misconduct (see Matter of Horan [Commissioner of Labor], 296 A.D.2d 734; Matter of Andrews [Harnett], 176 A.D.2d 429). Although claimant denied his supervisor's allegations that he was sleeping on the job, the employer's representative played a videotape at the hearing in which claimant was seen with his head down and not moving for nearly an hour. It is within the province of the Board to resolve any credibility issues from the evidence presented (see Matter of De Maria [Commissioner of Labor], 276 A.D.2d 1010). Claimant's remaining contention regarding the employer's request for an adjournment of the hearing has been reviewed and found to be without merit.
Cardona, P.J., Crew III, Peters, Spain and Carpinello, JJ., concur.
ORDERED that the decision is affirmed, without costs.