In re the Claim of Joyner

Appellate Division of the Supreme Court of New York

In re the Claim of Joyner

220 A.D.2d 918, 632 N.Y.S.2d 328, 1995 N.Y. App. Div. LEXIS 10167

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

DecidedOctober 19, 1995

StatusPublished

This text of 220 A.D.2d 918 (In re the Claim of Joyner) 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 Joyner, 220 A.D.2d 918, 632 N.Y.S.2d 328, 1995 N.Y. App. Div. LEXIS 10167 (N.Y. Ct. App. 1995).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 23, 1994, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because she did not file a valid original claim for benefits.

Claimant applied for unemployment insurance benefits after the cessation of her alleged employment as an accountant’s assistant. Although claimant was initially awarded benefits, she was subsequently deemed ineligible on the basis that her employment was not bona fide. Upon review of the record, we find that substantial evidence supports the Board’s decision. Claimant listed her daughter’s address as her employer’s address on the claim form and was unable to provide any information as to her employer’s telephone number, current address or clientele. In addition, although given the opportunity, claimant failed to produce any witnesses at the hearing who could substantiate her alleged employment. There is also substantial evidence to support the Board’s conclusion that the overpayments claimant received were recoverable and that she [919]*919made willful false statements. In view of the foregoing, we find no reason to disturb the Board’s decision.

Cardona, P. J., Mercure, White, Yesawich Jr. and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 23, 1994, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because she did not file a valid original claim for benefits.

Claimant applied for unemployment insurance benefits after the cessation of her alleged employment as an accountant’s assistant. Although claimant was initially awarded benefits, she was subsequently deemed ineligible on the basis that her employment was not bona fide. Upon review of the record, we find that substantial evidence supports the Board’s decision. Claimant listed her daughter’s address as her employer’s address on the claim form and was unable to provide any information as to her employer’s telephone number, current address or clientele. In addition, although given the opportunity, claimant failed to produce any witnesses at the hearing who could substantiate her alleged employment. There is also substantial evidence to support the Board’s conclusion that the overpayments claimant received were recoverable and that she [919]*919made willful false statements. In view of the foregoing, we find no reason to disturb the Board’s decision.

Cardona, P. J., Mercure, White, Yesawich Jr. and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

220 A.D.2d 918, 632 N.Y.S.2d 328, 1995 N.Y. App. Div. LEXIS 10167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-joyner-nyappdiv-1995.