IN RE: the Claim of Rosemarie E. SHERMAN (1999)

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 3, 1998, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because she was not totally unemployed.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was not totally unemployed during the period that she was receiving unemployment insurance benefits following her separation from her former employment as a purchasing clerk.   Claimant admitted that during the applicable period, she wrote checks for her husband's business and, in a sworn statement, claimant conceded that she performed other administrative and accounting duties as well (see, Matter of Bartfeld [Sweeney], 239 A.D.2d 642, 657 N.Y.S.2d 123).   Although claimant later testified that the affidavit was not completely accurate and that she did not read it prior to signing it as affirmed, we find no reason to disturb the Board's assessment of claimant's credibility and the inferences drawn from the evidence presented (see, Matter of Falco [Sweeney], 246 A.D.2d 711, 667 N.Y.S.2d 499, lv. denied 92 N.Y.2d 815, 683 N.Y.S.2d 759, 706 N.E.2d 747).   Finally, given the factual circumstances, there is substantial evidence to support the conclusion that willful false statements were made by claimant to obtain benefits and that such benefits were recoverable (see, Matter of Tenore [Sweeney], 244 A.D.2d 749, 664 N.Y.S.2d 667).

ORDERED that the decision is affirmed, without costs.

MEMORANDUM DECISION.