In re the Claim of Rider

Appellate Division of the Supreme Court of New York

In re the Claim of Rider

116 A.D.3d 1305, 983 N.Y.S.2d 909

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

DecidedApril 24, 2014

StatusPublished

This text of 116 A.D.3d 1305 (In re the Claim of Rider) 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 Rider, 116 A.D.3d 1305, 983 N.Y.S.2d 909 (N.Y. Ct. App. 2014).

Pincite

Opinion

Lahtinen, J.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 23, 2012, which, among other [1306]*1306things, ruled that claimant made willful misrepresentations to obtain benefits.

Substantial evidence supports the May 23, 2012 decision of the Unemployment Insurance Appeal Board charging claimant with a recoverable overpayment of benefits on the ground that she made willful false statements (see Matter of McCool [Commissioner of Labor], 60 AD3d 1117, 1118 [2009]; Matter of Roma [Commissioner of Labor], 265 AD2d 634, 635 [1999]). The record establishes that in a prior Board decision ruling that claimant was disqualified from receiving benefits due to misconduct, the Board discredited claimant’s hearing testimony wherein she denied that she engaged in assaultive behavior towards her coworker. Claimant did not appeal that decision. As the Board is vested with the authority to make the factual determination of whether a false statement or misrepresentation was willful, which includes the determination of issues of credibility (see Matter of Barbera [Commissioner of Labor], 28 AD3d 973, 974-975 [2006]), claimant’s false testimony “speaks for itself as an indication of willful misrepresentation” (Matter of Czarniak [Ross], 60 AD2d 745, 745 [1977]). Under these circumstances, the Board’s decision will not be disturbed.

Peters, EJ., McCarthy and Garry, 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

Lahtinen, J.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 23, 2012, which, among other [1306]*1306things, ruled that claimant made willful misrepresentations to obtain benefits.

Substantial evidence supports the May 23, 2012 decision of the Unemployment Insurance Appeal Board charging claimant with a recoverable overpayment of benefits on the ground that she made willful false statements (see Matter of McCool [Commissioner of Labor], 60 AD3d 1117, 1118 [2009]; Matter of Roma [Commissioner of Labor], 265 AD2d 634, 635 [1999]). The record establishes that in a prior Board decision ruling that claimant was disqualified from receiving benefits due to misconduct, the Board discredited claimant’s hearing testimony wherein she denied that she engaged in assaultive behavior towards her coworker. Claimant did not appeal that decision. As the Board is vested with the authority to make the factual determination of whether a false statement or misrepresentation was willful, which includes the determination of issues of credibility (see Matter of Barbera [Commissioner of Labor], 28 AD3d 973, 974-975 [2006]), claimant’s false testimony “speaks for itself as an indication of willful misrepresentation” (Matter of Czarniak [Ross], 60 AD2d 745, 745 [1977]). Under these circumstances, the Board’s decision will not be disturbed.

Peters, EJ., McCarthy and Garry, JJ., concur. Ordered that the decision is affirmed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

116 A.D.3d 1305, 983 N.Y.S.2d 909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-rider-nyappdiv-2014.

Opinion

Related

Cite This Page — Counsel Stack