In re the Claim of Blake

Appellate Division of the Supreme Court of New York

In re the Claim of Blake

251 A.D.2d 840, 674 N.Y.S.2d 519, 1998 N.Y. App. Div. LEXIS 7364

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

DecidedJune 18, 1998

StatusPublished

Cited by2 cases

This text of 251 A.D.2d 840 (In re the Claim of Blake) 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 Blake, 251 A.D.2d 840, 674 N.Y.S.2d 519, 1998 N.Y. App. Div. LEXIS 7364 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 3, 1997, which reduced claimant’s right to receive future unemployment insurance benefits.

The Unemployment Insurance Appeal Board, reversing the decision of the Administrative Law Judge, found that claimant had disclosed his confidential personal identification number (hereinafter PIN) to his wife and had her certify his claim for benefits. As a result, the Board reduced claimant’s right to receive future benefits by 80 days. While claimant asserts that he never disclosed his PIN to his wife, this presented a credibility issue which the Board was at liberty to resolve provided its determination is supported by substantial evidence (see, Matter of Horton [Hartnett], 176 AD2d 1103, 1104). Given the testimony of the service representative from the local unemployment insurance office together with claimant’s signed statement that he had given his wife his PIN number and that she had indeed certified benefits on his behalf, substantial evidence supports the Board’s decision (see, Matter of Jagiello [Hart-nett], 180 AD2d 859, 860; see also, Matter of Caronna [Sweeney], 241 AD2d 651).

Cardona, P. J., Yesawich Jr., Peters, Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 3, 1997, which reduced claimant’s right to receive future unemployment insurance benefits.

The Unemployment Insurance Appeal Board, reversing the decision of the Administrative Law Judge, found that claimant had disclosed his confidential personal identification number (hereinafter PIN) to his wife and had her certify his claim for benefits. As a result, the Board reduced claimant’s right to receive future benefits by 80 days. While claimant asserts that he never disclosed his PIN to his wife, this presented a credibility issue which the Board was at liberty to resolve provided its determination is supported by substantial evidence (see, Matter of Horton [Hartnett], 176 AD2d 1103, 1104). Given the testimony of the service representative from the local unemployment insurance office together with claimant’s signed statement that he had given his wife his PIN number and that she had indeed certified benefits on his behalf, substantial evidence supports the Board’s decision (see, Matter of Jagiello [Hart-nett], 180 AD2d 859, 860; see also, Matter of Caronna [Sweeney], 241 AD2d 651).

Cardona, P. J., Yesawich Jr., Peters, Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

251 A.D.2d 840, 674 N.Y.S.2d 519, 1998 N.Y. App. Div. LEXIS 7364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-blake-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack