In re the Claim of Bick

Appellate Division of the Supreme Court of New York

In re the Claim of Bick

272 A.D.2d 705, 708 N.Y.S.2d 912, 2000 N.Y. App. Div. LEXIS 5495

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

DecidedMay 11, 2000

StatusPublished

Cited by2 cases

This text of 272 A.D.2d 705 (In re the Claim of Bick) 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 Bick, 272 A.D.2d 705, 708 N.Y.S.2d 912, 2000 N.Y. App. Div. LEXIS 5495 (N.Y. Ct. App. 2000).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 22, 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 that claimant was not totally unemployed during the period that she was receiving unemployment insurance benefits following her separation from her husband’s business. Claimant admitted that during the applicable period she performed various activities for her husband’s business including writing checks, handling the books and making deposits (see, Matter of Kazin [Commissioner of Labor], 267 AD2d 581). Further, the record provides substantial evidence to support the conclusion that claimant made willful false statements to obtain benefits and that such benefits were, therefore, recoverable (Matter of Sherman [Commissioner of Labor], 267 AD2d 568).

Mercure, J. P., Peters, Mugglin, Rose and Lahtinen, 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 February 22, 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 that claimant was not totally unemployed during the period that she was receiving unemployment insurance benefits following her separation from her husband’s business. Claimant admitted that during the applicable period she performed various activities for her husband’s business including writing checks, handling the books and making deposits (see, Matter of Kazin [Commissioner of Labor], 267 AD2d 581). Further, the record provides substantial evidence to support the conclusion that claimant made willful false statements to obtain benefits and that such benefits were, therefore, recoverable (Matter of Sherman [Commissioner of Labor], 267 AD2d 568).

Mercure, J. P., Peters, Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

272 A.D.2d 705, 708 N.Y.S.2d 912, 2000 N.Y. App. Div. LEXIS 5495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-bick-nyappdiv-2000.

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