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In the Matter of the Claim of DAVID V. SINGLETON, Appellant. COMMISSIONER OF LABOR, Respondent.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant, a security officer, was discharged from his employment due to misconduct. "An employee's apparent dishonesty can constitute disqualifying misconduct" ( Matter of Cincu [Sutton House, Inc. — Commissioner of Labor], 43 AD3d 528, 529, lv denied 10 NY3d 714 [citation omitted]; see Matter of Bender [Olums of Binghamton, Inc. — Commissioner of Labor], 36 AD3d 1041, 1042), particularly where the employment position at issue requires a high standard of honesty and integrity ( see Matter of Washington [Commissioner of Labor], 304 AD2d 896). Here, the employer's representative testified that claimant was observed on a surveillance videotape removing 14 ergonomic chairs from the facility where he was assigned. Claimant was arrested and later agreed to make restitution and plead guilty to a misdemeanor charge in satisfaction of a multicount indictment. Although claimant denies any wrongdoing, this creates a credibility issue and the record as a whole is sufficient to support the finding of misconduct ( see Matter of Bender [Olums of Binghamton, Inc. — Commissioner of Labor], 36 AD3d at 1042; Matter of Ackermann [New York City Dept. of City wide Admin. Servs. — Commissioner of Labor], 31 AD3d 1040; Matter of Olmstead [Commissioner of Labor], 8 AD3d 727, 728). Accordingly, the Board's decision is affirmed.

Ordered that the decision is affirmed, without costs.

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IN RE SINGLETON
(Mar 19, 2009)