In re the Claim of Rothbloom

Appellate Division of the Supreme Court of New York

In re the Claim of Rothbloom

212 A.D.2d 926, 622 N.Y.S.2d 628, 1995 N.Y. App. Div. LEXIS 1598

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

DecidedFebruary 16, 1995

StatusPublished

This text of 212 A.D.2d 926 (In re the Claim of Rothbloom) 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 Rothbloom, 212 A.D.2d 926, 622 N.Y.S.2d 628, 1995 N.Y. App. Div. LEXIS 1598 (N.Y. Ct. App. 1995).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 20, 1993, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

The Board found that the documents claimant submitted to the local unemployment insurance office in relation to his claim for benefits indicated that he was self-employed during the period he was collecting benefits. He later contended that these statements to the office were lies. The Board determined that it was only after claimant realized that his statements would make him ineligible to receive benefits that he decided to change his story. It therefore ruled that claimant was not totally unemployed and denied his claim for benefits. Insofar as the Board’s decision is supported by substantial evidence, it must be upheld. There is also substantial evidence to support the Board’s conclusion that claimant made willful false statements in order to obtain benefits and that the benefits he received were recoverable.

Mikoll, J. P., Mercure, Crew III, Yesawich Jr. 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, 1993, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

The Board found that the documents claimant submitted to the local unemployment insurance office in relation to his claim for benefits indicated that he was self-employed during the period he was collecting benefits. He later contended that these statements to the office were lies. The Board determined that it was only after claimant realized that his statements would make him ineligible to receive benefits that he decided to change his story. It therefore ruled that claimant was not totally unemployed and denied his claim for benefits. Insofar as the Board’s decision is supported by substantial evidence, it must be upheld. There is also substantial evidence to support the Board’s conclusion that claimant made willful false statements in order to obtain benefits and that the benefits he received were recoverable.

Mikoll, J. P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

212 A.D.2d 926, 622 N.Y.S.2d 628, 1995 N.Y. App. Div. LEXIS 1598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-rothbloom-nyappdiv-1995.