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IN RE: the Claim of Miguel A. FERNANDEZ, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 23, 1996, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Claimant was discharged from his employment after leaving work early without permission. Claimant's application for unemployment insurance benefits was denied upon the Unemployment Insurance Appeal Board's finding that claimant was terminated for misconduct.
Although claimant asserts that he was permitted to leave work to attend a doctor's appointment, the Board found otherwise after accepting the employer's testimony to the contrary. The Board is entitled to resolve credibility issues (see, Matter of Santos [Hudacs], 206 A.D.2d 575, 614 N.Y.S.2d 77). We find that substantial evidence supports the Board's decision (see, Matter of Cassaro [Sweeney], 221 A.D.2d 790, 791, 633 N.Y.S.2d 426) and, accordingly, it must be affirmed.
ORDERED that the decision is affirmed, without costs.
MEMORANDUM DECISION.
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Decided: April 10, 1997
Court: Supreme Court, Appellate Division, Third Department, New York.
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