From Casetext: Smarter Legal Research

In re Wahler

Appellate Division of the Supreme Court of New York, Third Department
Nov 21, 1996
233 A.D.2d 739 (N.Y. App. Div. 1996)

Opinion

November 21, 1996.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 28, 1995, which ruled that claimant was ineligible to receive unemployment insurance benefits because, inter alia, he was not totally unemployed.

Berore: Mikoll, J.P., Mercure, White, Casey and Spain, JJ.


Claimant was employed as an ironworker until he was laid off in August 1992. The Board found claimant ineligible to receive unemployment insurance benefits, assessed the penalty of 124 benefit days and charged claimant with a recoverable overpayment of $7,350. At the hearing, claimant testified that he and his wife executed a bond and mortgage in conjunction with the purchase of a commercial building that became the sole asset of Chadwick Development, Inc., a subchapter S corporation in which claimant's wife was the sole shareholder and claimant the president. While claimant did not receive a salary from the corporation, the corporation's checks were signed by him by means of a signature stamp that he had authorized. It further appears that claimant purchased supplies used to maintain the building and that he took a deduction for the building's depreciation on his personal income tax return. Claimant conceded that he had not reported his activities on behalf of the corporation when he applied for benefits. Based on this testimony, we find that substantial evidence supports the Board's finding that claimant was not totally unemployed at the time he was collecting benefits and that he made willful misrepresentations to obtain said benefits ( see, Matter of Egbuna [ Hudacs], 198 AD2d 577, 578; Matter of Gross [Hudacs], 195 AD2d 742).

Ordered that the decision is affirmed, without costs.


Summaries of

In re Wahler

Appellate Division of the Supreme Court of New York, Third Department
Nov 21, 1996
233 A.D.2d 739 (N.Y. App. Div. 1996)
Case details for

In re Wahler

Case Details

Full title:In the Matter of the Claim of LYNN M. WAHLER, Appellant. JOHN E. SWEENEY…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 21, 1996

Citations

233 A.D.2d 739 (N.Y. App. Div. 1996)
650 N.Y.S.2d 358

Citing Cases

Matter of the Claim of Sichel

Here, although claimant's activities on behalf of the corporation at the time she applied for benefits…

Matter of LePore

"Willful", as used in Labor Law § 594, means knowingly, intentionally or deliberately making a false…