Opinion
July 15, 1999
Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 19, 1998, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Terry George Zimmerman, The Villages, Florida, appellant in person.
Eliot Spitzer, Attorney-General (Linda D. Joseph of counsel), New York City, for respondent.
Before: CARDONA, P.J., MIKOLL, PETERS, SPAIN and CARPINELLO, JJ.
MEMORANDUM AND ORDER
Claimant was discharged from his employment as a project engineer for misrepresenting personal expenses as business expenses on an expense report submitted in connection with his business trip to Texas. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant lost his employment due to misconduct. Falsifying reports submitted to an employer may constitute disqualifying misconduct (see, Matter of Marigliano [DHL Worldwide Courier Serv. — Sweeney], 248 A.D.2d 782, 783; Matter of Shuba [Sweeney], 246 A.D.2d 710). While claimant denied that his business trip was extended for personal reasons, this merely created a credibility issue for the Board to resolve (see, Matter of Guill [Hudacs], 186 A.D.2d 849). Furthermore, as noted by the Board, improprieties on the part of the Administrative Law Judge during the hearing did not invalidate an otherwise full and complete record upon which the Board based its decision. To the extent that claimant's remaining contentions have been preserved for review, we find them to be unpersuasive.
ORDERED that the decision is affirmed, without costs.