Opinion
93080
Decided and Entered: June 19, 2003.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 29, 2002, which ruled that claimant made willful false statements to obtain benefits.
Nelson M. Stern, New York City, for appellant.
Eliot Spitzer, Attorney General, New York City (Dawn A. Foshee of counsel), for respondent.
Before: Cardona, P.J., Mercure, Spain, Lahtinen and Kane, JJ.
MEMORANDUM AND ORDER
Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant made willful false statements to obtain benefits (see Matter of Scott [Commissioner of Labor], 257 A.D.2d 871, lv denied 93 N.Y.2d 808). The record establishes that claimant certified for unemployment insurance benefits from June 5, 2000 through August 27, 2000 and reported total unemployment even though she was participating in a work study program earning $10 per hour. Claimant maintained that she was advised by a representative from the Department of Labor that she was not required to report work study employment, although she was unable to specifically state when or by whom such advice was given. Claimant's proffered excuse for failing to accurately report the days she worked presented a credibility issue for the Board to resolve (see Matter of Petvai [Commissioner of Labor], 275 A.D.2d 821). In any event, "`reliance on erroneous advice is no defense to an intentional false statement'" (Matter of Scott [Commissioner of Labor], supra at 872, quoting Matter of Marinelli [Hudacs], 195 A.D.2d 741, 742). Since the record reflects that claimant submitted a statement dated July 22, 2002, the Board properly rejected claimant's subsequent submissions (see 12 NYCRR 463.1, [f] [3] [5].
Cardona, P.J., Mercure, Spain, Lahtinen and Kane, JJ., concur.
ORDERED that the decision is affirmed, without costs.