Opinion
December 13, 1990
Appeal from the Unemployment Insurance Appeal Board.
Three witnesses for the employer testified that claimant admitted to them that on a number of occasions he sold books to students at an unauthorized discount and also at times gave books away free. These activities were not within claimant's discretion and were done without permission or knowledge of claimant's manager. Although claimant's version of the facts differed, this created only a question of credibility for the Unemployment Insurance Appeal Board to resolve (see, Matter of Picciotti [Roberts], 89 A.D.2d 1030). The admissions here provide ample basis for the conclusion that claimant's employment was terminated due to misconduct (see, Matter of McGlynn [Levine], 52 A.D.2d 709). Claimant's remaining contentions concerning the hearing have been considered and found lacking in merit.
Decision affirmed, without costs. Mahoney, P.J., Casey, Weiss, Mercure and Harvey, JJ., concur.