IN RE: the Claim of Mike H. CARMODY (2025)

MEMORANDUM

MEMORANDUM:

The order of the Appellate Division should be affirmed, with costs.

The Unemployment Insurance Appeal Board (Board) did not err in applying former Labor Law §§ 522 and 591(1)’s “total unemployment” standard to determine whether claimant was eligible for pandemic unemployment assistance and related benefits under the Coronavirus Aid, Relief, and Economic Security (CARES) Act (see 15 USC § 9021;  Matter of Klosterman [New York State Dept. of Corr. & Community Supervision—Commissioner of Labor], ––– N.Y.3d ––––, ––––, ––– N.Y.S.3d ––––, ––– N.E.3d –––– [2025] [decided today]).  Substantial evidence supports the Board's determination that claimant was not totally unemployed (see former Labor Law § 591[1]).

Because claimant was assessed penalties, the Board's determination must also be supported by substantial evidence that claimant willfully—i.e., knowingly, intentionally, and deliberately—made a “false statement or representation” to obtain these benefits (see Labor Law §§ 594[1], [4];  Matter of Valvo [Ross], 57 N.Y.2d 116, 126–128, 454 N.Y.S.2d 695, 440 N.E.2d 780 [1982], affg 83 A.D.2d 344, 346, 445 N.Y.S.2d 292 [3d Dept 1981]).  Substantial evidence supports the Board's finding that claimant willfully misrepresented that he worked zero hours, despite knowing that he had engaged in business-related activities that constituted work during the relevant period (see Matter of Valvo, 57 N.Y.2d at 126, 454 N.Y.S.2d 695, 440 N.E.2d 780).

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum.

Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro, Troutman and Halligan concur.