In re the Claim of Galea

Appellate Division of the Supreme Court of New York

In re the Claim of Galea

249 A.D.2d 729, 670 N.Y.S.2d 372, 1998 N.Y. App. Div. LEXIS 4120

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

DecidedApril 16, 1998

StatusPublished

This text of 249 A.D.2d 729 (In re the Claim of Galea) 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 Galea, 249 A.D.2d 729, 670 N.Y.S.2d 372, 1998 N.Y. App. Div. LEXIS 4120 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Crew III, J. P.

Appeals from two decisions of the Unemployment Insurance Appeal Board, filed August 30, 1996 and October 7, 1996, which, inter alia, charged claimant with a recoverable overpayment of unemployment insurance benefits.

Claimant, a salesperson paid (in part) on a commission basis, was found to have engaged in disqualifying misconduct by violating a company policy prohibiting salespersons from offering money to the employer’s telemarketers in exchange for sales leads. Contrary to claimant’s assertion, there is substantial evidence in the record to support the Unemployment Insurance Appeal Board’s decision in this regard, and claimant’s testimony to the contrary merely presented a credibility issue for the Board to resolve. Claimant’s remaining contentions, including his assertion that he should not have been charged with a recoverable overpayment, have been examined and found to be lacking in merit.

White, Yesawich Jr., Peters and Carpinello, JJ., concur. Ordered that the decisions are affirmed, without costs.

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—Crew III, J. P.

Appeals from two decisions of the Unemployment Insurance Appeal Board, filed August 30, 1996 and October 7, 1996, which, inter alia, charged claimant with a recoverable overpayment of unemployment insurance benefits.

Claimant, a salesperson paid (in part) on a commission basis, was found to have engaged in disqualifying misconduct by violating a company policy prohibiting salespersons from offering money to the employer’s telemarketers in exchange for sales leads. Contrary to claimant’s assertion, there is substantial evidence in the record to support the Unemployment Insurance Appeal Board’s decision in this regard, and claimant’s testimony to the contrary merely presented a credibility issue for the Board to resolve. Claimant’s remaining contentions, including his assertion that he should not have been charged with a recoverable overpayment, have been examined and found to be lacking in merit.

White, Yesawich Jr., Peters and Carpinello, JJ., concur. Ordered that the decisions are affirmed, without costs.

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Bluebook (online)

249 A.D.2d 729, 670 N.Y.S.2d 372, 1998 N.Y. App. Div. LEXIS 4120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-galea-nyappdiv-1998.