Opinion
October 23, 1997
Appeal from the Unemployment Insurance Appeal Board.
When claimant's employment with the State Energy Office ended, he began working at home, preparing and submitting proposals to potential customers regarding ways to implement the use of alternative fuels. The Unemployment Insurance Appeal Board ruled that claimant was ineligible for the benefits he received after his employment with the Energy Office ceased on the ground that he was not totally unemployed. The Board further ruled that claimant had made willful false statements to obtain benefits and, accordingly, charged him with a recoverable overpayment and assessed the loss of eight benefit days. Substantial evidence supports the Board's ruling. The mere fact that claimant's business activities were not remunerative during this time period or that claimant's activities therein were minimal does not preclude this finding ( see generally, Matter of Egbuna [Hudacs], 198 A.D.2d 577; see also, Matter of Vartanian [Sweeney], 232 A.D.2d 711, appeal dismissed 89 N.Y.2d 938).
Crew III, J.P., White, Casey, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.