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Matter of Baer

Appellate Division of the Supreme Court of New York, Third Department
Oct 18, 1990
166 A.D.2d 784 (N.Y. App. Div. 1990)

Opinion

October 18, 1990

Appeal from the Unemployment Insurance Appeal Board.


There is substantial evidence in the record to support the conclusion of the Unemployment Insurance Appeal Board that claimant was not totally unemployed. She admitted that at the time she was collecting benefits she had prepared payroll checks, parts of bills and did some postings for her husband's business, for whom she had previously been employed as corporate secretary. Although she was not paid for these activities, they were sufficient to warrant denying her benefits (see, Matter of St. Germain v. Ross, 78 A.D.2d 565). Additionally, claimant stated that she knew that if she did any activities for the business it was considered work, that she had read and understood the statement on her application for benefits form that on any day she worked for the business she would so indicate, that she did not represent her activities and marked her calendar "N" for the days in question, signifying that she did not work thereon. These facts also support the Board's further conclusion that claimant made willful false statements to obtain benefits (see, Matter of Valvo [Ross], 57 N.Y.2d 116; Matter of Petty [Roberts], 90 A.D.2d 604). Claimant's remaining contentions have been reviewed and found to be lacking in merit.

Decision affirmed, without costs. Kane, J.P., Casey, Mikoll, Yesawich, Jr., and Mercure, JJ., concur.


Summaries of

Matter of Baer

Appellate Division of the Supreme Court of New York, Third Department
Oct 18, 1990
166 A.D.2d 784 (N.Y. App. Div. 1990)
Case details for

Matter of Baer

Case Details

Full title:In the Matter of the Claim of SYLVIA BAER, Appellant. THOMAS F. HARTNETT…

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

Date published: Oct 18, 1990

Citations

166 A.D.2d 784 (N.Y. App. Div. 1990)
562 N.Y.S.2d 810

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