In re the Claim of Andrews

Appellate Division of the Supreme Court of New York

In re the Claim of Andrews

49 A.D.2d 996, 374 N.Y.S.2d 396, 1975 N.Y. App. Div. LEXIS 11327

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 30, 1975

StatusPublished

This text of 49 A.D.2d 996 (In re the Claim of Andrews) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim of Andrews, 49 A.D.2d 996, 374 N.Y.S.2d 396, 1975 N.Y. App. Div. LEXIS 11327 (N.Y. Ct. App. 1975).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 27, 1975, which held claimant willfully made false statements in order to obtain benefits, by reason of which a forfeiture of eight effective days was imposed as a penalty. The board found that claimant was responsible for an alteration in her insurance booklet. Unauthorized alterations are sufficient to constitute willful misrepresentation (Matter of Morgan [Catherwood], 30 AD2d 595). Questions of fact and credibility are raised and are solely within the province of the board whose determinations are supported by substantial evidence and must be affirmed. Decision affirmed, without costs. Herlihy, P. J., Sweeney, Main, Larkin and Reynolds, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 27, 1975, which held claimant willfully made false statements in order to obtain benefits, by reason of which a forfeiture of eight effective days was imposed as a penalty. The board found that claimant was responsible for an alteration in her insurance booklet. Unauthorized alterations are sufficient to constitute willful misrepresentation (Matter of Morgan [Catherwood], 30 AD2d 595). Questions of fact and credibility are raised and are solely within the province of the board whose determinations are supported by substantial evidence and must be affirmed. Decision affirmed, without costs. Herlihy, P. J., Sweeney, Main, Larkin and Reynolds, JJ., concur.

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Bluebook (online)

49 A.D.2d 996, 374 N.Y.S.2d 396, 1975 N.Y. App. Div. LEXIS 11327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-andrews-nyappdiv-1975.

Opinion

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