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Diaz v. Commissioner of Labor

Appellate Division of the Supreme Court of New York, Third Department
Dec 11, 2008
57 A.D.3d 1150 (N.Y. App. Div. 2008)

Opinion

No. 504930.

December 11, 2008.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 10, 2008, which, among other things, charged claimant with a recoverable overpayment of unemployment insurance benefits.

Sonia Diaz, Slate Hill, appellant pro se.

Andrew M. Cuomo, Attorney General, New York City (Marjorie S. Leff of counsel), for Respondent.

Before: Mercure, J.P., Spain, Rose, Malone Jr. and Stein, JJ.


Substantial evidence supports the Unemployment Insurance Appeal Board's finding that claimant made willful misrepresentations to obtain unemployment insurance benefits, thereby justifying the imposition of a recoverable overpayment and forfeiture of future benefits ( see Matter of Sexton [Commissioner of Labor], 51 AD3d 1312, 1312), notwithstanding claimant's contention that the misrepresentations were not knowingly made ( see Matter of McBurney [Commissioner of Labor], 46 AD3d 1308; Matter of Piccirilli [Roberts], 92 AD2d 686). Specifically, the record reveals that, during the benefits period when claimant repeatedly certified that she was not employed or self-employed, she was engaged in start-up activities for a home daycare business, including acquiring a business certificate and tax identification number, registering with the Office of Children and Family Services, taking appropriate training and classes, purchasing business supplies and advertising for the business ( see Matter of Raspallo [Commissioner of Labor], 10 AD3d 751, 751-752). Accordingly, the Board's decision is affirmed.

Ordered that the decision is affirmed, without costs.


Summaries of

Diaz v. Commissioner of Labor

Appellate Division of the Supreme Court of New York, Third Department
Dec 11, 2008
57 A.D.3d 1150 (N.Y. App. Div. 2008)
Case details for

Diaz v. Commissioner of Labor

Case Details

Full title:In the Matter of the Claim of SONIA DIAZ, Appellant. COMMISSIONER OF…

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

Date published: Dec 11, 2008

Citations

57 A.D.3d 1150 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 9688
868 N.Y.S.2d 554