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MATTER OF ANDREWS

518000.

118 A.D.3d 1216 (2014)

987 N.Y.S.2d 524

2014 NY Slip Op 4555

In the Matter of the Claim of MICHAEL P. ANDREWS, Respondent. A.C. ROMAN & ASSOCIATES, Appellant; COMMISSIONER OF LABOR, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided June 19, 2014.

We affirm. It is well settled that whether a claimant has engaged in disqualifying misconduct is a factual question for the Unemployment Insurance Appeal Board to resolve and its decision will be upheld if supported by substantial evidence (see Matter of Jaiyesimi [ISS Action Inc. — Commissioner of Labor], 114 A.D.3d 983, 983 [2014]). Here, the Board concluded that claimant was...

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