In re the Claim of Sweeney

Appellate Division of the Supreme Court of New York

In re the Claim of Sweeney

221 A.D.2d 788, 634 N.Y.S.2d 12, 1995 N.Y. App. Div. LEXIS 11778

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

DecidedNovember 16, 1995

StatusPublished

Cited by1 cases

This text of 221 A.D.2d 788 (In re the Claim of Sweeney) 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 Sweeney, 221 A.D.2d 788, 634 N.Y.S.2d 12, 1995 N.Y. App. Div. LEXIS 11778 (N.Y. Ct. App. 1995).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 30,1994, which ruled, inter alia, that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

Claimant was found to have willfully made false statements to obtain unemployment insurance benefits and, inter alia, was held liable for a recoverable overpayment of benefits in the amount of $9,240.75 as the result of his failure to disclose activities he engaged in with respect to two home businesses. The evidence in the record establishes that claimant ordered supplies, wrote checks and performed other services with respect to these businesses. Accordingly, we find that substantial evidence supports the Board’s decision.

Cardona, P. J., Mikoll, Mercure, Crew III and White, 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 June 30,1994, which ruled, inter alia, that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

Claimant was found to have willfully made false statements to obtain unemployment insurance benefits and, inter alia, was held liable for a recoverable overpayment of benefits in the amount of $9,240.75 as the result of his failure to disclose activities he engaged in with respect to two home businesses. The evidence in the record establishes that claimant ordered supplies, wrote checks and performed other services with respect to these businesses. Accordingly, we find that substantial evidence supports the Board’s decision.

Cardona, P. J., Mikoll, Mercure, Crew III and White, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

221 A.D.2d 788, 634 N.Y.S.2d 12, 1995 N.Y. App. Div. LEXIS 11778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-sweeney-nyappdiv-1995.

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