UNEMPLOYMENT INSURANCE - HEARINGS & APPEALS

There is a decision which I recently discovered which I find disturbing. The case is IN THE MATTER OF CLAIM OF DAOUST, 5 A.D.3d 828, 772 N.Y.S.2d 616 [3d Dept 2004] which stated (emphasis supplied):

"Although claimant maintains his innocence and argues that the Board failed to properly weigh other mitigating circumstances surrounding his plea, such conflicting evidence presented credibility issues falling within the exclusive province of the Board, which was not obligated to adopt the Administrative Law Judge's contrary credibility determinations (see Matter of Cooney [Consolidated Edison Co. of N.Y. — Commissioner of Labor], , [2001]; Matter of Thompson [New York City Off. of Bronx Borough President — Commissioner of Labor],, [2000])...."

It is not clear if the Employer's appeal of the ALJ hearing to the Appeal Board involved a new hearing or just a review of the ALJ hearing transcript.