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IN RE: the Claim of Elsie CHAMBLEE, Appellant. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 18, 1997, which, upon reconsideration, adhered to its prior decision ruling, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.
Claimant, a home health aide, requested that the employer submit a letter to her bank in connection with her mortgage application verifying the length of her employment and wage rate. Two letters sent by the employer were rejected by the bank as insufficient. Thereafter, claimant was discharged from her employment after it was discovered that her supervisor's name had been forged on a subsequent wage verification letter containing inaccurate information. The Unemployment Insurance Appeal Board, finding that claimant prepared the unauthorized letter or had it prepared, denied claimant's application for benefits on the ground that she was discharged for misconduct and charged her with a recoverable overpayment. We affirm. Under these circumstances, substantial evidence supports the Board's assessment of credibility and the inferences drawn from the evidence presented (see, Matter of Di Maria [Ross], 52 N.Y.2d 771, 772, 436 N.Y.S.2d 616, 417 N.E.2d 1004) and we find no reason to disturb the Board's decision.
ORDERED that the decision is affirmed, without costs.
MEMORANDUM DECISION.
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Decided: February 18, 1999
Court: Supreme Court, Appellate Division, Third Department, New York.
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