In re the Claim of Kanter

Appellate Division of the Supreme Court of New York

In re the Claim of Kanter

173 A.D.2d 1048, 570 N.Y.S.2d 702, 1991 N.Y. App. Div. LEXIS 7210

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

DecidedMay 16, 1991

StatusPublished

Cited by1 cases

This text of 173 A.D.2d 1048 (In re the Claim of Kanter) 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 Kanter, 173 A.D.2d 1048, 570 N.Y.S.2d 702, 1991 N.Y. App. Div. LEXIS 7210 (N.Y. Ct. App. 1991).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 24, 1990, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed and charged him with a recoverable overpayment of benefits.

Claimant admitted at the hearing that, in addition to attending college classes two days a week, he participated in an internship program three days per week for approximately six hours per day for which he was paid. He also admitted that he had not disclosed these facts upon his application for unemployment insurance benefits. Under these circumstances, the conclusion reached by the Unemployment Insurance Appeal Board that claimant was not totally unemployed and was unavailable for employment is supported by substantial evidence (see, Matter of Richman [Ross], 67 AD2d 746, lv denied 46 NY2d 711). Furthermore, the work-study exclusions apply only where the student is less than 22 years old or where the services are to the educational institution itself, neither of which is applicable to this case (Labor Law § 511 [15], [17]). Finally, the facts also support the finding that claimant made willful false statements in order to obtain benefits (see, Matter of Muller [Levine], 50 AD2d 1005, lv denied 40 NY2d 806).

Decision affirmed, without costs. Weiss, J. P., Yesawich, Jr., Levine, Mercure and Harvey, JJ., concur.

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—Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 24, 1990, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed and charged him with a recoverable overpayment of benefits.

Claimant admitted at the hearing that, in addition to attending college classes two days a week, he participated in an internship program three days per week for approximately six hours per day for which he was paid. He also admitted that he had not disclosed these facts upon his application for unemployment insurance benefits. Under these circumstances, the conclusion reached by the Unemployment Insurance Appeal Board that claimant was not totally unemployed and was unavailable for employment is supported by substantial evidence (see, Matter of Richman [Ross], 67 AD2d 746, lv denied 46 NY2d 711). Furthermore, the work-study exclusions apply only where the student is less than 22 years old or where the services are to the educational institution itself, neither of which is applicable to this case (Labor Law § 511 [15], [17]). Finally, the facts also support the finding that claimant made willful false statements in order to obtain benefits (see, Matter of Muller [Levine], 50 AD2d 1005, lv denied 40 NY2d 806).

Decision affirmed, without costs. Weiss, J. P., Yesawich, Jr., Levine, Mercure and Harvey, JJ., concur.

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173 A.D.2d 1048, 570 N.Y.S.2d 702, 1991 N.Y. App. Div. LEXIS 7210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-kanter-nyappdiv-1991.

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