In re the Claim of Thode

Appellate Division of the Supreme Court of New York

In re the Claim of Thode

205 A.D.2d 826, 612 N.Y.S.2d 515, 1994 N.Y. App. Div. LEXIS 5896

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

DecidedJune 2, 1994

StatusPublished

This text of 205 A.D.2d 826 (In re the Claim of Thode) 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 Thode, 205 A.D.2d 826, 612 N.Y.S.2d 515, 1994 N.Y. App. Div. LEXIS 5896 (N.Y. Ct. App. 1994).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 4, 1993, which ruled, inter alia, that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

The Board’s conclusion that claimant was not totally unemployed during the period in question is supported by substantial evidence and must be upheld. In addition to performing general maintenance for an animal grooming business that is located on the same property as his residence, claimant paid some of the business’s bills and prepared its quarterly reports. Claimant also signed several checks for the business during the relevant period. Despite these activities, claimant certified that, except for two days, he did not engage in any business that might produce income. Under these circumstances, the Board’s further conclusion of willful misrepresentation is also supported by substantial evidence.

Mikoll, J. P., Crew III, White, Yesawich Jr. and Peters, 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

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 4, 1993, which ruled, inter alia, that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

The Board’s conclusion that claimant was not totally unemployed during the period in question is supported by substantial evidence and must be upheld. In addition to performing general maintenance for an animal grooming business that is located on the same property as his residence, claimant paid some of the business’s bills and prepared its quarterly reports. Claimant also signed several checks for the business during the relevant period. Despite these activities, claimant certified that, except for two days, he did not engage in any business that might produce income. Under these circumstances, the Board’s further conclusion of willful misrepresentation is also supported by substantial evidence.

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

Cite This Page — Counsel Stack

Bluebook (online)

205 A.D.2d 826, 612 N.Y.S.2d 515, 1994 N.Y. App. Div. LEXIS 5896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-thode-nyappdiv-1994.