IN THE MATTER OF OLMSTEAD

Claimant was discharged from her position as a sales associate at a gas station and convenience store after she was observed on videotape stealing cigarettes. Criminal charges were brought against her as a result of this incident and were adjourned in contemplation of dismissal in exchange for her payment of restitution in the amount of $120. The Department of Labor found claimant eligible to receive unemployment insurance benefits and this determination was upheld by an Administrative Law Judge following a hearing. The Unemployment Insurance Appeal Board, however, reversed and disqualified claimant from receiving benefits on the ground that she was terminated due to misconduct. Claimant now appeals.

We affirm. "`An employee's apparent dishonesty * * * can constitute disqualifying misconduct'" (Matter of Washington [ Commissioner of Labor], 304 A.D.2d 896, 896, quoting Matter of Huggins [Samaritan Med. Ctr. — Commissioner of Labor], 257 A.D.2d 877, 878; accord Matter of Alexander [Commissioner of Labor], 3 A.D.3d 827, 827). Here, the employer's representative testified at the hearing that he viewed the videotape showing claimant taking the cigarettes and that, after the incident, claimant sent the employer a check for $120. Although claimant denied that she stole anything from the employer, this presented a credibility issue for the Board to resolve (see Matter of Petrosov [Commissioner of Labor], 284 A.D.2d 874, 875; Matter of Williams [Commissioner of Labor], 262 A.D.2d 903, 903).

Spain, J.P., Mugglin, Rose, Lahtinen and Kane, JJ., concur.

ORDERED that the decisions are affirmed, without costs.