In re the Claim of Realmuto

Appellate Division of the Supreme Court of New York

In re the Claim of Realmuto

203 A.D.2d 834, 612 N.Y.S.2d 969, 1994 N.Y. App. Div. LEXIS 4435

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

DecidedApril 28, 1994

StatusPublished

Cited by1 cases

This text of 203 A.D.2d 834 (In re the Claim of Realmuto) 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 Realmuto, 203 A.D.2d 834, 612 N.Y.S.2d 969, 1994 N.Y. App. Div. LEXIS 4435 (N.Y. Ct. App. 1994).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 20, 1992, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

During the time period for which claimant was receiving unemployment insurance benefits, he was performing services for a friend’s business for which he received compensation in accordance with bills and invoices that he had submitted. Under the circumstances, the Board’s determination that claimant was not totally unemployed is supported by substantial evidence. Claimant’s contention that he worked only five days during the period at issue and therefore should not be held liable for an overpayment for 26 days merely raised a question of credibility for the Board to determine. Furthermore, substantial evidence also exists to support the Board’s conclusion that claimant made willful false statements to obtain unemployment insurance benefits, thereby subjecting him to a forfeiture of future benefits.

Cardona, P. J., White, Casey, Weiss and Peters, 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 October 20, 1992, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

During the time period for which claimant was receiving unemployment insurance benefits, he was performing services for a friend’s business for which he received compensation in accordance with bills and invoices that he had submitted. Under the circumstances, the Board’s determination that claimant was not totally unemployed is supported by substantial evidence. Claimant’s contention that he worked only five days during the period at issue and therefore should not be held liable for an overpayment for 26 days merely raised a question of credibility for the Board to determine. Furthermore, substantial evidence also exists to support the Board’s conclusion that claimant made willful false statements to obtain unemployment insurance benefits, thereby subjecting him to a forfeiture of future benefits.

Cardona, P. J., White, Casey, Weiss and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

203 A.D.2d 834, 612 N.Y.S.2d 969, 1994 N.Y. App. Div. LEXIS 4435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-realmuto-nyappdiv-1994.

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