In re the Claim of Gade

Appellate Division of the Supreme Court of New York

In re the Claim of Gade

60 A.D.2d 745, 401 N.Y.S.2d 10, 1977 N.Y. App. Div. LEXIS 14788

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

DecidedDecember 29, 1977

StatusPublished

This text of 60 A.D.2d 745 (In re the Claim of Gade) 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 Gade, 60 A.D.2d 745, 401 N.Y.S.2d 10, 1977 N.Y. App. Div. LEXIS 14788 (N.Y. Ct. App. 1977).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 15, 1976, which affirmed the decision of a referee sustaining initial determinations of the Industrial Commissioner holding her ineligible to receive benefits effective July 22, 1974 because she was not available for employment, charging her with a recoverable overpayment of $6,175, and holding that she willfully made 'false statements to obtain benefits for which a forfeiture of 208 effective days was imposed. At the hearing, claimant conceded that after .her last working day in July, 1974 and continuously from July 22, 1974 to November 9, 1975, during which time she received benefits totaling $6,175, she made no effort to obtain employment, except a single contact with Friendly Ice Cream. Yet, during this period she told the representative at the unemployment office that she was looking for work each week. Given these admissions, we conclude that the board’s determination holding her ineligible for benefits, charging her with recoverable overpayments and a forfeiture, is supported by substantial evidence (see Matter of Giacomino [Catherwood], 27 AD2d 970). Decision affirmed, without costs. Sweeney, J. P., Kane, Mahoney, Main and Larkin, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 15, 1976, which affirmed the decision of a referee sustaining initial determinations of the Industrial Commissioner holding her ineligible to receive benefits effective July 22, 1974 because she was not available for employment, charging her with a recoverable overpayment of $6,175, and holding that she willfully made 'false statements to obtain benefits for which a forfeiture of 208 effective days was imposed. At the hearing, claimant conceded that after .her last working day in July, 1974 and continuously from July 22, 1974 to November 9, 1975, during which time she received benefits totaling $6,175, she made no effort to obtain employment, except a single contact with Friendly Ice Cream. Yet, during this period she told the representative at the unemployment office that she was looking for work each week. Given these admissions, we conclude that the board’s determination holding her ineligible for benefits, charging her with recoverable overpayments and a forfeiture, is supported by substantial evidence (see Matter of Giacomino [Catherwood], 27 AD2d 970). Decision affirmed, without costs. Sweeney, J. P., Kane, Mahoney, Main and Larkin, JJ., concur.

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Bluebook (online)

60 A.D.2d 745, 401 N.Y.S.2d 10, 1977 N.Y. App. Div. LEXIS 14788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-gade-nyappdiv-1977.

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