In re the Claim of Gardner

Appellate Division of the Supreme Court of New York

In re the Claim of Gardner

30 A.D.2d 596, 290 N.Y.S.2d 217, 1968 N.Y. App. Div. LEXIS 3983

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

DecidedMay 20, 1968

StatusPublished

This text of 30 A.D.2d 596 (In re the Claim of Gardner) 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 Gardner, 30 A.D.2d 596, 290 N.Y.S.2d 217, 1968 N.Y. App. Div. LEXIS 3983 (N.Y. Ct. App. 1968).

Pincite

Opinion

Memorandum by the Court.

Appeal by claimant from a decision of the Unemployment Insurance Appeal Board disqualifying claimant from receiving benefits due to a lack of total unemployment; holding that claimant ’willfully made false statements to obtain benefits; penalizing claimant therefor 208 effective days; and holding that claimant was overpaid the sum of $605 in .benefits, held to be recoverable. The board was warranted in finding, on the basis of the evidence it evaluated as credible, that claimant was actually employed in the business conducted by his nephew, during the alleged unemployment period and that, contrary to claimant’s contention, his services were not gratuitous and the cheeks issued to him and to his wife represented wages and not loans. Decision affirmed, without costs. Gibson, P. J., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by the court.

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Memorandum by the Court.

Appeal by claimant from a decision of the Unemployment Insurance Appeal Board disqualifying claimant from receiving benefits due to a lack of total unemployment; holding that claimant ’willfully made false statements to obtain benefits; penalizing claimant therefor 208 effective days; and holding that claimant was overpaid the sum of $605 in .benefits, held to be recoverable. The board was warranted in finding, on the basis of the evidence it evaluated as credible, that claimant was actually employed in the business conducted by his nephew, during the alleged unemployment period and that, contrary to claimant’s contention, his services were not gratuitous and the cheeks issued to him and to his wife represented wages and not loans. Decision affirmed, without costs. Gibson, P. J., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by the court.

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Bluebook (online)

30 A.D.2d 596, 290 N.Y.S.2d 217, 1968 N.Y. App. Div. LEXIS 3983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-gardner-nyappdiv-1968.