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IN RE: the Claim of Robert J. BLAKE, Appellant. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 3, 1997, which reduced claimant's right to receive future unemployment insurance benefits.
The Unemployment Insurance Appeal Board, reversing the decision of the Administrative Law Judge, found that claimant had disclosed his confidential personal identification number (hereinafter PIN) to his wife and had her certify his claim for benefits. As a result, the Board reduced claimant's right to receive future benefits by 80 days. While claimant asserts that he never disclosed his PIN to his wife, this presented a credibility issue which the Board was at liberty to resolve provided its determination is supported by substantial evidence (see, Matter of Horton [Hartnett], 176 A.D.2d 1103, 1104, 575 N.Y.S.2d 405). Given the testimony of the service representative from the local unemployment insurance office together with claimant's signed statement that he had given his wife his PIN number and that she had indeed certified benefits on his behalf, substantial evidence supports the Board's decision (see, Matter of Jagiello [Hartnett], 180 A.D.2d 859, 860, 579 N.Y.S.2d 238; see also, Matter of Caronna [Sweeney], 241 A.D.2d 651, 660 N.Y.S.2d 171).
ORDERED that the decision is affirmed, without costs.
MEMORANDUM DECISION.
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Decided: June 18, 1998
Court: Supreme Court, Appellate Division, Third Department, New York.
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