In re Vogt

Appellate Division of the Supreme Court of New York

In re Vogt

267 A.D.2d 742, 699 N.Y.S.2d 779, 1999 N.Y. App. Div. LEXIS 13090

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

DecidedDecember 16, 1999

StatusPublished

This text of 267 A.D.2d 742 (In re Vogt) 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 Vogt, 267 A.D.2d 742, 699 N.Y.S.2d 779, 1999 N.Y. App. Div. LEXIS 13090 (N.Y. Ct. App. 1999).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 27, 1998, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because she was not totally unemployed.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant, inter alia, was ineligible to receive benefits on various specified dates and that she made willful false statements to obtain benefits. The record establishes that claimant certified for benefits on the days that she received holiday pay, vacation pay or was unavailable for work (see, e.g., Matter of Libes [New York City Bd. of Educ.—Hudacs], 199 AD2d 801, 802). Although claimant suffered from a learning disability, the record supports the Board’s conclusion that she understood the reporting instructions and that her responses to the certification questions, which she verified, were not attributable to her learning disability. Claimant’s exculpatory explanation for the inaccurate responses to the certification questions merely presented a credibility issue for the Board to resolve (see, Matter of McEwen [Commissioner of Labor], 249 AD2d 672). Under the circumstances, we find no reason to disturb the Board’s decision.

Cardona, P. J., Mercure, Crew III, Peters and Spain, 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 October 27, 1998, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because she was not totally unemployed.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant, inter alia, was ineligible to receive benefits on various specified dates and that she made willful false statements to obtain benefits. The record establishes that claimant certified for benefits on the days that she received holiday pay, vacation pay or was unavailable for work (see, e.g., Matter of Libes [New York City Bd. of Educ.—Hudacs], 199 AD2d 801, 802). Although claimant suffered from a learning disability, the record supports the Board’s conclusion that she understood the reporting instructions and that her responses to the certification questions, which she verified, were not attributable to her learning disability. Claimant’s exculpatory explanation for the inaccurate responses to the certification questions merely presented a credibility issue for the Board to resolve (see, Matter of McEwen [Commissioner of Labor], 249 AD2d 672). Under the circumstances, we find no reason to disturb the Board’s decision.

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

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Bluebook (online)

267 A.D.2d 742, 699 N.Y.S.2d 779, 1999 N.Y. App. Div. LEXIS 13090, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-vogt-nyappdiv-1999.

Opinion

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