In re the Claim of Lake

Appellate Division of the Supreme Court of New York

In re the Claim of Lake

308 A.D.2d 628, 764 N.Y.S.2d 151, 2003 N.Y. App. Div. LEXIS 9324

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

DecidedSeptember 11, 2003

StatusPublished

Cited by1 cases

This text of 308 A.D.2d 628 (In re the Claim of Lake) 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 Lake, 308 A.D.2d 628, 764 N.Y.S.2d 151, 2003 N.Y. App. Div. LEXIS 9324 (N.Y. Ct. App. 2003).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 27, 2003, which ruled, inter alia, that claimant was ineligible to receive unemployment insurance benefits because she was not totally unemployed.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was not totally unemployed during the period in which she was receiving unemployment insurance benefits (see Matter of Chordas [Hudacs], 207 AD2d 937, 937-938 [1994]; Matter of Bairn [Hart-nett], 167 AD2d 651, 651 [1990]). Claimant admitted that she began a new temporary assignment but continued to certify that she was totally unemployed. Although claimant maintained that the employer advised her to continue her certification of unemployment insurance benefits because the duration of the temporary assignment was uncertain, claimant was under an obligation to disclose all employment activities which could affect her right to receive benefits (see Matter of O’Leary [Roberts], 93 AD2d 915, 916 [1983]). We, accordingly, find no reason to disturb the Board’s decision reducing claimant’s right to future benefits on the ground that she made willful false statements.

Cardona, P.J., Mercure, Rose, Lahtinen and Kane, 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 27, 2003, which ruled, inter alia, that claimant was ineligible to receive unemployment insurance benefits because she was not totally unemployed.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was not totally unemployed during the period in which she was receiving unemployment insurance benefits (see Matter of Chordas [Hudacs], 207 AD2d 937, 937-938 [1994]; Matter of Bairn [Hart-nett], 167 AD2d 651, 651 [1990]). Claimant admitted that she began a new temporary assignment but continued to certify that she was totally unemployed. Although claimant maintained that the employer advised her to continue her certification of unemployment insurance benefits because the duration of the temporary assignment was uncertain, claimant was under an obligation to disclose all employment activities which could affect her right to receive benefits (see Matter of O’Leary [Roberts], 93 AD2d 915, 916 [1983]). We, accordingly, find no reason to disturb the Board’s decision reducing claimant’s right to future benefits on the ground that she made willful false statements.

Cardona, P.J., Mercure, Rose, Lahtinen and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

308 A.D.2d 628, 764 N.Y.S.2d 151, 2003 N.Y. App. Div. LEXIS 9324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-lake-nyappdiv-2003.

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