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MATTER OF ELLIS

Appellate Division of the Supreme Court of New York, Third Department.
Sep 23, 1999
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MEMORANDUM AND ORDER

Claimant submitted a notice to the employer resigning from her employment effective March 20, 1998. Prior to her resignation claimant had been warned about conducting personal business during working hours. Thereafter, on March 12, 1998, claimant took an unauthorized extended lunch break and the employer sent her home. Claimant was later discharged. Substantial evidence supports the Unemployment Insurance Appeal Board's ruling that claimant lost her employment under disqualifying circumstances. A claimant's actions in attending to personal business during work hours in violation of the employer's policies can constitute disqualifying misconduct (see, Matter of Keast [Essex County ARC — Sweeney], 224 A.D.2d 851). Claimant's contrary account of the events surrounding her discharge merely raised a credibility issue for resolution by the Board (see, Matter of Boyle [Sweeney], 247 A.D.2d 809). Claimant's remaining arguments have been examined and found to be unavailing.

MIKOLL, J.P., MERCURE, YESAWICH JR., PETERS and GRAFFEO, JJ., concur.

ORDERED that the decision is affirmed, without costs.