In re the Claim of Spirson

Appellate Division of the Supreme Court of New York

In re the Claim of Spirson

53 A.D.2d 772, 384 N.Y.S.2d 69, 1976 N.Y. App. Div. LEXIS 13550

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

DecidedJune 10, 1976

StatusPublished

Cited by1 cases

This text of 53 A.D.2d 772 (In re the Claim of Spirson) 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 Spirson, 53 A.D.2d 772, 384 N.Y.S.2d 69, 1976 N.Y. App. Div. LEXIS 13550 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 2, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits because he was not totally unemployed and charging him with an overpayment of $1,292 in benefits ruled recoverable. The record contains ample evidence that claimant was actively engaged as a 50% partner in a music publishing enterprise and, accordingly, the board could properly conclude that claimant was not totally unemployed during the period at issue (Matter of Carasso [Catherwood], 23 AD2d 935). Similarly, the board could find that the benefits claimant accepted had not been received in good faith and were, therefore, recoverable (Matter of Teitlebaum [Catherwood], 26 AD2d 711). While claimant, on December 11, 1974, indicated in response to a question on the original claim form that he was engaged in a business or other activity that "brings in or may bring in income”, at no time from then until May 7, 1975 did he reveal he engaged in any activity for the publishing enterprise despite almost continued daily effort on its behalf. Instead he certified that for each and every day during this entire period he did no work "at all” when the board could find he knew such was not, in fact, the case. Decision affirmed, without costs. Koreman, P. J., Sweeney, Mahoney, Main and Reynolds, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 2, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits because he was not totally unemployed and charging him with an overpayment of $1,292 in benefits ruled recoverable. The record contains ample evidence that claimant was actively engaged as a 50% partner in a music publishing enterprise and, accordingly, the board could properly conclude that claimant was not totally unemployed during the period at issue (Matter of Carasso [Catherwood], 23 AD2d 935). Similarly, the board could find that the benefits claimant accepted had not been received in good faith and were, therefore, recoverable (Matter of Teitlebaum [Catherwood], 26 AD2d 711). While claimant, on December 11, 1974, indicated in response to a question on the original claim form that he was engaged in a business or other activity that "brings in or may bring in income”, at no time from then until May 7, 1975 did he reveal he engaged in any activity for the publishing enterprise despite almost continued daily effort on its behalf. Instead he certified that for each and every day during this entire period he did no work "at all” when the board could find he knew such was not, in fact, the case. Decision affirmed, without costs. Koreman, P. J., Sweeney, Mahoney, Main and Reynolds, JJ., concur.

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Bluebook (online)

53 A.D.2d 772, 384 N.Y.S.2d 69, 1976 N.Y. App. Div. LEXIS 13550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-spirson-nyappdiv-1976.

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