In re the Claim of Cusenza

Appellate Division of the Supreme Court of New York

In re the Claim of Cusenza

218 A.D.2d 892, 630 N.Y.S.2d 418, 1995 N.Y. App. Div. LEXIS 8644

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

DecidedAugust 10, 1995

StatusPublished

This text of 218 A.D.2d 892 (In re the Claim of Cusenza) 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 Cusenza, 218 A.D.2d 892, 630 N.Y.S.2d 418, 1995 N.Y. App. Div. LEXIS 8644 (N.Y. Ct. App. 1995).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 30, 1994, which ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

Testimony established that claimant was a substantial owner of an incorporated florist business which was active during the time he was receiving unemployment insurance benefits. This evidence supports the Board’s finding that claimant was ineligible to receive unemployment insurance benefits and that he willfully made false statements to obtain them, making him liable for a recoverable overpayment of benefits.

Cardona, P. J., Mercure, White, Peters and Spain, 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 March 30, 1994, which ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

Testimony established that claimant was a substantial owner of an incorporated florist business which was active during the time he was receiving unemployment insurance benefits. This evidence supports the Board’s finding that claimant was ineligible to receive unemployment insurance benefits and that he willfully made false statements to obtain them, making him liable for a recoverable overpayment of benefits.

Cardona, P. J., Mercure, White, Peters and Spain, JJ. concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

218 A.D.2d 892, 630 N.Y.S.2d 418, 1995 N.Y. App. Div. LEXIS 8644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-cusenza-nyappdiv-1995.