In re the Claim of Burke

Appellate Division of the Supreme Court of New York

In re the Claim of Burke

53 A.D.2d 795, 385 N.Y.S.2d 174, 1976 N.Y. App. Div. LEXIS 13592

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

DecidedJune 24, 1976

StatusPublished

This text of 53 A.D.2d 795 (In re the Claim of Burke) 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 Burke, 53 A.D.2d 795, 385 N.Y.S.2d 174, 1976 N.Y. App. Div. LEXIS 13592 (N.Y. Ct. App. 1976).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 18, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits because he was not totally unemployed, charging him with an overpayment of $600 in benefits ruled recoverable, and holding that he willfully made false statements to obtain benefits for which a forfeiture of 60 effective days was imposed. The board’s finding that claimant performed services for a family owned business in return for room, board and pocket money is supported by substantial evidence,. and, thus, the board could properly conclude that claimant was not totally unemployed (Matter of Tiber [Catherwood], 31 AD2d 704). Similarly, the issue of willful misrepresentation is factual and, accordingly, the board’s determination must be upheld (Matter of Tiano [Catherwood], 27 AD2d 879). Decision affirmed, without costs. Greenblott, J. P., Kane, Mahoney, Main and Reynolds, JJ., concur.

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 April 18, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits because he was not totally unemployed, charging him with an overpayment of $600 in benefits ruled recoverable, and holding that he willfully made false statements to obtain benefits for which a forfeiture of 60 effective days was imposed. The board’s finding that claimant performed services for a family owned business in return for room, board and pocket money is supported by substantial evidence,. and, thus, the board could properly conclude that claimant was not totally unemployed (Matter of Tiber [Catherwood], 31 AD2d 704). Similarly, the issue of willful misrepresentation is factual and, accordingly, the board’s determination must be upheld (Matter of Tiano [Catherwood], 27 AD2d 879). Decision affirmed, without costs. Greenblott, J. P., Kane, Mahoney, Main and Reynolds, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

53 A.D.2d 795, 385 N.Y.S.2d 174, 1976 N.Y. App. Div. LEXIS 13592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-burke-nyappdiv-1976.

Opinion

Related

Cite This Page — Counsel Stack