In re the Claim of Tiber

Appellate Division of the Supreme Court of New York

In re the Claim of Tiber

31 A.D.2d 704, 295 N.Y.S.2d 679, 1968 N.Y. App. Div. LEXIS 2578

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

DecidedDecember 26, 1968

StatusPublished

Cited by1 cases

This text of 31 A.D.2d 704 (In re the Claim of Tiber) 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 Tiber, 31 A.D.2d 704, 295 N.Y.S.2d 679, 1968 N.Y. App. Div. LEXIS 2578 (N.Y. Ct. App. 1968).

Pincite

Opinion

Reynolds, J.

Appeal from a decision of the Unemployment Insurance Appeal Board ruling claimant ineligible for benefits effective June 21, 1965 to August 29, 1965 because of lack of total unemployment (Labor Law, § 522), charging him with an overpayment of $475 in benefits, ruled recoverable, and ruling that he willfully made false statements to obtain benefits (Labor Law, § 594). The board has found that claimant was not totally unemployed in that he performed bar tender and managerial services for a corporation owned by his father and mother in return for board, lodging and storage space. This determination is supported by substantial evidence and thus the board could properly find that claimant was not totally unemployed (e.g., Matter of Tiano [Catherwood], 27 A D 2d 879; Matter of Hare [Catherwood], 20 A D 2d 733). Similarly the issue of willful misrepresentation is factual and thus the board’s determination must be upheld (Matter of Tiano [Catherwood], [supra]; Matter of Hare [Catherwood], [supra]). Decision affirmed, without costs. Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Reynolds, J.

Free access — add to your briefcase to read the full text and ask questions with AI

Reynolds, J.

Appeal from a decision of the Unemployment Insurance Appeal Board ruling claimant ineligible for benefits effective June 21, 1965 to August 29, 1965 because of lack of total unemployment (Labor Law, § 522), charging him with an overpayment of $475 in benefits, ruled recoverable, and ruling that he willfully made false statements to obtain benefits (Labor Law, § 594). The board has found that claimant was not totally unemployed in that he performed bar tender and managerial services for a corporation owned by his father and mother in return for board, lodging and storage space. This determination is supported by substantial evidence and thus the board could properly find that claimant was not totally unemployed (e.g., Matter of Tiano [Catherwood], 27 A D 2d 879; Matter of Hare [Catherwood], 20 A D 2d 733). Similarly the issue of willful misrepresentation is factual and thus the board’s determination must be upheld (Matter of Tiano [Catherwood], [supra]; Matter of Hare [Catherwood], [supra]). Decision affirmed, without costs. Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Reynolds, J.

Cite This Page — Counsel Stack

Bluebook (online)

31 A.D.2d 704, 295 N.Y.S.2d 679, 1968 N.Y. App. Div. LEXIS 2578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-tiber-nyappdiv-1968.

Opinion

Related

Cite This Page — Counsel Stack