In re the Claim of Lester

Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board disqualifying claimant from benefits because he lost employment through his misconduct (Labor Law, § 593, subd. 3). The determination of the board that claimant lost his employment through misconduct is factual and thus must be upheld if supported by substantial evidence (e.g., Matter of Rivera [Catherwood], 28 A D 2d 1036). The issue of credibility is also clearly within the exclusive province of the board (e.g., Matter of Soman [Glenshaw Glass], 28 A D 2d 219). Here there is present no more than conflicting…