In re the Claim of Udall

Appellate Division of the Supreme Court of New York

In re the Claim of Udall

198 A.D.2d 699, 605 N.Y.S.2d 965, 1993 N.Y. App. Div. LEXIS 10741

Appellate Division of the Supreme Court of the State of New York·Decided November 18, 1993·Published

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 15, 1992, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

There is substantial evidence in the record supporting the Board’s finding that claimant was an officer of and had an investment in a corporation for which he was performing services. The Board’s conclusion that claimant was not totally unemployed must therefore be upheld. Claimant’s contentions to the contrary primarily concern questions of credibility which were for the Board to resolve. There is also substantial evidence supporting the finding that claimant made willful misrepresentations in order to obtain benefits.

Mercure, J. P., Cardona, White, Mahoney and Casey, 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 June 15, 1992, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

There is substantial evidence in the record supporting the Board’s finding that claimant was an officer of and had an investment in a corporation for which he was performing services. The Board’s conclusion that claimant was not totally unemployed must therefore be upheld. Claimant’s contentions to the contrary primarily concern questions of credibility which were for the Board to resolve. There is also substantial evidence supporting the finding that claimant made willful misrepresentations in order to obtain benefits.

Mercure, J. P., Cardona, White, Mahoney and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.

In re the Claim of Udall, 198 A.D.2d 699, 605 N.Y.S.2d 965, 1993 N.Y. App. Div. LEXIS 10741 (N.Y. Ct. App. 1993).

Pincite

198 A.D.2d 699 (In re the Claim of Udall) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.