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.