Opinion
May 16, 1991
Appeal from the Unemployment Insurance Appeal Board.
Contrary to claimant's assertions, he was not totally unemployed during the period in question and, therefore, the Unemployment Insurance Appeal Board properly concluded that he was ineligible to receive unemployment insurance benefits. The record reveals that claimant signed checks for a business, occasionally wrote out orders and invoices, and his joint income tax forms listed him as a proprietor of the business (see, Matter of Witham [Roberts], 134 A.D.2d 752, 753; Matter of DeVivo [Levine], 51 A.D.2d 619). Although claimant's activities were minimal, this fact is not determinative as claimant stood to gain financially from the operation of the business (see, Matter of DeVivo [Levine], supra). The Board also properly determined that the overpayment in benefits was recoverable and that claimant made willful false statements (see, Matter of O'Leary [Roberts], 93 A.D.2d 915). It was claimant's responsibility to disclose all pertinent facts which might be determinative of his right to benefits and not decide for himself what activities constituted employment (see, supra, at 916).
Decision affirmed, without costs. Weiss, J.P., Yesawich, Jr., Levine, Mercure and Harvey, JJ., concur.