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IN RE: the Claim of William J. OLIVER, Appellant. Jiffy Lube, Respondent. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 16, 1997, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Claimant was discharged from his employment as a lube technician after he refused to comply with the employer's request to stock inventory. As claimant admittedly had stocked inventory in the past, we find that substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant's insubordination amounted to disqualifying misconduct (see, Matter of Ledesma [Sweeney], 244 A.D.2d 748, 664 N.Y.S.2d 671; Matter of Sweat [Children's Home of Poughkeepsie-Hudacs], 198 A.D.2d 695, 603 N.Y.S.2d 362). Claimant's exculpatory explanation for failing to abide by the employer's request simply raised a credibility issue for the Board to resolve (see, Matter of Naraine [Sweeney], 245 A.D.2d 932, 933, 666 N.Y.S.2d 844, 845; Matter of Seguin [Sweeney], 244 A.D.2d 747, 665 N.Y.S.2d 688).
ORDERED that the decision is affirmed, without costs.
MEMORANDUM DECISION.
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Decided: September 17, 1998
Court: Supreme Court, Appellate Division, Third Department, New York.
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