Opinion
Decided and Entered: June 21, 2001.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 12, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Guy A. Marshall, New York City, appellant in person.
Eliot Spitzer, Attorney-General (Linda D. Joseph of counsel), New York City, for respondent.
Before: Mercure, J.P., Peters, Carpinello, Rose and, Lahtinen, JJ.
MEMORANDUM AND ORDER
Claimant was discharged from his employment as a letter carrier after he returned to the post office without prior authorization with 11 pieces of undelivered priority mail, inaccurately reported the amount of mail with which he returned and refusing to comply with the employer's directive to go back and complete the mail delivery. A subsequent arbitration hearing resulted in a finding that claimant was appropriately dismissed. Thereafter, the Unemployment Insurance Appeal Board ruled that claimant lost his employment due to disqualifying misconduct, prompting this appeal.
It is well settled that the Board is bound by the factual findings of an arbitrator where the parties have had a full and fair opportunity to be heard as to the issue of misconduct (see, Matter of Harewood [Commissioner of Labor], 253 A.D.2d 934). The record belies claimant's contention that he was not afforded a full and fair opportunity to litigate this issue at the arbitration hearing. In any event, the Board was required to make its own findings regarding claimant's misconduct inasmuch as the arbitrator's decision was devoid of any factual findings (see generally, Matter of Guimarales [New York City Bd. of Educ. — Roberts], 68 N.Y.2d 989, 991; Matter of Stanton [Commissioner of Labor], 275 A.D.2d 844). Given the testimony of the employer's representatives, which was credited by the Board, substantial evidence supports the Board's conclusion that claimant's actions of violating the employer's policies rose to the level of disqualifying misconduct (see, e.g., Matter of Thompson [Commissioner of Labor], 275 A.D.2d 854). Any conflict in the testimony presented created a credibility issue for the Board to resolve (see, Matter of Godinez [Commissioner of Labor], 276 A.D.2d 1012, lv denied 96 N.Y.2d 701).
Mercure, J.P., Peters, Carpinello, Rose and Lahtinen, JJ., concur.
ORDERED that the decision is affirmed, without costs.