IN RE: the Claim of William J. CHRYSLER (2004)

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 28, 2003, 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 set up technician after reporting late to work.   Claimant had received various verbal and written warnings regarding his tardiness and was aware that any further incidents could lead to the termination of his employment.   Substantial evidences supports the decision of the Unemployment Insurance Appeal Board that claimant's repeated lateness amounted to disqualifying misconduct.   It is well settled that excessive tardiness, following prior warnings, can constitute disqualifying misconduct (see Matter of King [Commissioner of Labor], 8 A.D.3d 807, 778 N.Y.S.2d 229 [2004];  Matter of Biscardi [Commissioner of Labor], 305 A.D.2d 794, 795, 757 N.Y.S.2d 906 [2003];  Matter of Jerome [Commissioner of Labor], 275 A.D.2d 835, 713 N.Y.S.2d 105 [2000] ).   Claimant's explanation for his tardiness-that he was delayed by road construction-presented both a credibility issue and a question of whether his lateness was due to circumstances beyond his control for the Board to resolve (see Matter of McCullough [Publisher's Clearing House-Commissioner of Labor], 307 A.D.2d 567, 762 N.Y.S.2d 161 [2003] ).   Claimant's remaining contentions have been reviewed and found to be without merit.

ORDERED that the decision is affirmed, without costs.