In re the Claim of Berg

Appellate Division of the Supreme Court of New York

In re the Claim of Berg

200 A.D.2d 847, 606 N.Y.S.2d 799, 1994 N.Y. App. Div. LEXIS 241

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

DecidedJanuary 13, 1994

StatusPublished

Cited by1 cases

This text of 200 A.D.2d 847 (In re the Claim of Berg) 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 Berg, 200 A.D.2d 847, 606 N.Y.S.2d 799, 1994 N.Y. App. Div. LEXIS 241 (N.Y. Ct. App. 1994).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 2, 1992, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

In light of evidence that, during the eligible period, claimant started his own business installing telephone lines and actively pursued the means of making this business a success, there is substantial evidence for the Board’s conclusion that claimant was not totally unemployed. Because these activities [848]*848took place at the same time claimant was collecting benefits and representing that he was not working, there is also evidence to support the determination that claimant made willful misrepresentations to obtain benefits.

Mikoll, J. P., Crew III, White, Casey and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without costs.

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—Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 2, 1992, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

In light of evidence that, during the eligible period, claimant started his own business installing telephone lines and actively pursued the means of making this business a success, there is substantial evidence for the Board’s conclusion that claimant was not totally unemployed. Because these activities [848]*848took place at the same time claimant was collecting benefits and representing that he was not working, there is also evidence to support the determination that claimant made willful misrepresentations to obtain benefits.

Mikoll, J. P., Crew III, White, Casey and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

200 A.D.2d 847, 606 N.Y.S.2d 799, 1994 N.Y. App. Div. LEXIS 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-berg-nyappdiv-1994.

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