Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: the Claim of Holly JEFFERY, Appellant. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 16, 1999, 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 finding that claimant was not totally unemployed during the periods in question and made willful false statements to obtain benefits (see, Matter of Petvai [Commissioner of Labor], 275 A.D.2d 821, 713 N.Y.S.2d 98). On claimant's applications for unemployment insurance benefits, she failed to indicate that she was president and 50% shareholder of a corporation engaged in the advertising business. Claimant was also a signatory on the corporate checking account and admitted to handling the operations of the business. Notwithstanding claimant's minimal activities in the corporation, she nevertheless earned compensation from the business. Under these circumstances, we find no reason to disturb the Board's finding that claimant was not totally unemployed (see, id.; Matter of Baumbach [Commissioner of Labor], 250 A.D.2d 918, 672 N.Y.S.2d 508). Furthermore, inasmuch as claimant failed to disclose her status as a corporate officer when certifying for benefits, substantial evidence supports the Board's further finding that claimant made willful false statements to obtain benefits (see, Matter of Santo [Commissioner of Labor], 274 A.D.2d 816, 711 N.Y.S.2d 75).
ORDERED that the decision is affirmed, without costs.
MEMORANDUM DECISION.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: January 04, 2001
Court: Supreme Court, Appellate Division, Third Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)