In re the Claim of Earle-Wilson

Appellate Division of the Supreme Court of New York

In re the Claim of Earle-Wilson

210 A.D.2d 718, 621 N.Y.S.2d 931, 1994 N.Y. App. Div. LEXIS 12693

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

DecidedDecember 15, 1994

StatusPublished

Cited by1 cases

This text of 210 A.D.2d 718 (In re the Claim of Earle-Wilson) 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 Earle-Wilson, 210 A.D.2d 718, 621 N.Y.S.2d 931, 1994 N.Y. App. Div. LEXIS 12693 (N.Y. Ct. App. 1994).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 13, 1993, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because she was not totally unemployed.

The Board found that prior to claimant’s receipt of unemployment insurance benefits for the dates in issue, her husband had opened a retail business. Together they opened a business checking account and claimant issued business checks and assisted her husband in the business on a regular basis. Given these findings and the record before us, there is substantial evidence to support the Board’s conclusion that claimant was not totally unemployed. The Board also properly [719]*719determined that the overpayment in benefits was recoverable and the facts support the further finding that claimant made willful false statements in order to obtain benefits.

Cardona, P. J., Mercure, White, Casey and Peters, 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 August 13, 1993, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because she was not totally unemployed.

The Board found that prior to claimant’s receipt of unemployment insurance benefits for the dates in issue, her husband had opened a retail business. Together they opened a business checking account and claimant issued business checks and assisted her husband in the business on a regular basis. Given these findings and the record before us, there is substantial evidence to support the Board’s conclusion that claimant was not totally unemployed. The Board also properly [719]*719determined that the overpayment in benefits was recoverable and the facts support the further finding that claimant made willful false statements in order to obtain benefits.

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

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Bluebook (online)

210 A.D.2d 718, 621 N.Y.S.2d 931, 1994 N.Y. App. Div. LEXIS 12693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-earle-wilson-nyappdiv-1994.

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