From Casetext: Smarter Legal Research

In re Kaminski

Appellate Division of the Supreme Court of New York, Third Department
Nov 21, 1996
233 A.D.2d 737 (N.Y. App. Div. 1996)

Opinion

November 21, 1996.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 12, 1996, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits for a period, of time because she was not able to work.

Berore: Mikoll, J.P., Mercure, Casey, Spain and Carpinello, JJ.


Fired from her teaching position on November 4, 1994, claimant applied for, and collected, unemployment insurance benefits for the period November 7, 1994 through January 8, 1995. On December 5, 1994, claimant applied for disability benefits on the ground that she was disabled due to difficulties with her pregnancy. The Board found that claimant was ineligible to receive unemployment insurance benefits from December 5, 1994 through January 8, 1995 based on her incapability to perform work and charged her with a recoverable overpayment. On appeal, claimant contends that she was fully capable of working, and actively sought employment, up until January 8, 1995, at which time claimant concedes that she was incapable of working.

In light of the averments of claimant and her physician on the application for disability benefits that claimant was unable to work as of December 5, 1994 because of medical problems associated with her pregnancy, as well as similar statements made by this physician in a letter dated October 10, 1995, we find that the Board's decision is supported by substantial evidence ( see, e.g., Matter of Katz [Levine], 51 AD2d 613). Moreover, although claimant testified that she was able to work up until January 8, 1995 and submitted documentary evidence to support this claim, this conflicting evidence merely presented a question of credibility for the Board to resolve ( see, supra).

Ordered that the decision is affirmed, without costs.


Summaries of

In re Kaminski

Appellate Division of the Supreme Court of New York, Third Department
Nov 21, 1996
233 A.D.2d 737 (N.Y. App. Div. 1996)
Case details for

In re Kaminski

Case Details

Full title:In the Matter of the Claim of CAROL A. KAMINSKI, Appellant. JOHN E…

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

Date published: Nov 21, 1996

Citations

233 A.D.2d 737 (N.Y. App. Div. 1996)
650 N.Y.S.2d 1015

Citing Cases

Matter of Claim of Cromwell

The Board then charged claimant with overpayment of $4,356 in recoverable benefits and reduced his right to…

In the Matter of Mainieri

Here, claimant's physician completed a request for medical information form on March 11, 2003 in which he…