In re the Claim of Higgins

Appellate Division of the Supreme Court of New York

In re the Claim of Higgins

201 A.D.2d 810, 607 N.Y.S.2d 752, 1994 N.Y. App. Div. LEXIS 1140

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

DecidedFebruary 10, 1994

StatusPublished

Cited by5 cases

This text of 201 A.D.2d 810 (In re the Claim of Higgins) 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 Higgins, 201 A.D.2d 810, 607 N.Y.S.2d 752, 1994 N.Y. App. Div. LEXIS 1140 (N.Y. Ct. App. 1994).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 20, 1993, which denied claimant’s application for reopening and reconsideration.

Insofar as claimant failed to submit any new evidence to support his request that the Board reconsider its prior decision ruling that he was disqualified from receiving unemployment insurance benefits, we do not find that the Board abused its discretion in rejecting the application. In any event, substantial evidence supports the Board’s finding that claimant’s activities on behalf of a corporation of which he was the chief executive officer and sole shareholder constituted employment within the meaning of the Unemployment Insurance Law. Claimant’s failure to reveal his activities in this regard support the further conclusion of willful misrepresentation.

Mikoll, J. P., White, Casey and Yesawich Jr., 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 January 20, 1993, which denied claimant’s application for reopening and reconsideration.

Insofar as claimant failed to submit any new evidence to support his request that the Board reconsider its prior decision ruling that he was disqualified from receiving unemployment insurance benefits, we do not find that the Board abused its discretion in rejecting the application. In any event, substantial evidence supports the Board’s finding that claimant’s activities on behalf of a corporation of which he was the chief executive officer and sole shareholder constituted employment within the meaning of the Unemployment Insurance Law. Claimant’s failure to reveal his activities in this regard support the further conclusion of willful misrepresentation.

Mikoll, J. P., White, Casey and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

201 A.D.2d 810, 607 N.Y.S.2d 752, 1994 N.Y. App. Div. LEXIS 1140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-higgins-nyappdiv-1994.

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