Opinion
February 7, 1991
Appeal from the Unemployment Insurance Appeal Board.
The evidence supports the conclusion that during the period claimant was collecting unemployment insurance benefits, she performed services for a ballet company which included signing checks, preparing quarterly reports and an annual report. The fact that she may not have been paid for these services is not controlling (see, Matter of St. Germain v Ross, 78 A.D.2d 565). Accordingly, the determination that claimant was not totally unemployed is supported by substantial evidence (see, Matter of Gonyo [Roberts], 124 A.D.2d 884). There is also ample support in the record for the finding that claimant had 42 weeks of employment with the ballet company. Claimant's arguments to the contrary merely raised questions of credibility for the Unemployment Insurance Appeal Board to decide (see, Matter of Politzer [Catherwood], 11 A.D.2d 839). Finally, there is substantial evidence to support the conclusion that willful false statements were made by claimant to obtain benefits and that the benefits were recoverable (see, Matter of Muller [Levine], 50 A.D.2d 1005, lv denied 40 N.Y.2d 806).
Decision affirmed, without costs. Mahoney, P.J., Casey, Weiss, Crew III, and Harvey, JJ., concur.