IN RE REY-CALDERON

Claimant was a school bus dispatcher for the employer. On the day her employment ended, she had reported late to work and her supervisor gave her a verbal warning and a written acknowledgment of the verbal warning for her to sign. However, claimant refused to sign the written acknowledgment and she was discharged. After a hearing, an Administrative Law Judge determined that she had lost her employment due to misconduct and the Unemployment Insurance Appeal Board affirmed, prompting this appeal.

"The question of whether a claimant has engaged in disqualifying misconduct presents a factual issue for the Board to resolve and its decision will be upheld if supported by substantial evidence" ( Matter of Williams [City of New York — Commissioner of Labor], 47 AD3d 994, 994 [citation omitted]). We find that, based upon, among other things, the testimony of claimant that she had repeatedly refused to sign the warning and that a heated exchange had occurred regarding her refusal, substantial evidence supports the Board's determination ( see Matter of Brown [Sweeney], 243 AD2d 808, 808; Matter of Tietze [Hudacs], 193 AD2d 1000). The differing accounts of what transpired on the morning in question presented a credibility issue for the Board to resolve ( see Matter of Kretchmer [Commissioner of Labor], 8 AD3d 849, 850).

Ordered that the decision is affirmed, without costs.