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Matter of Berg

Appellate Division of the Supreme Court of New York, Third Department
Jan 13, 1994
200 A.D.2d 847 (N.Y. App. Div. 1994)

Opinion

January 13, 1994

Appeal from the Unemployment Insurance Appeal Board.


In light of evidence that, during the eligible period, claimant started his own business installing telephone lines and actively pursued the means of making this business a success, there is substantial evidence for the Board's conclusion that claimant was not totally unemployed. Because these activities took place at the same time claimant was collecting benefits and representing that he was not working, there is also evidence to support the determination that claimant made willful misrepresentations to obtain benefits.

Mikoll, J.P., Crew III, White, Casey and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Berg

Appellate Division of the Supreme Court of New York, Third Department
Jan 13, 1994
200 A.D.2d 847 (N.Y. App. Div. 1994)
Case details for

Matter of Berg

Case Details

Full title:In the Matter of the Claim of HARRY E. BERG, III, Appellant. JOHN F…

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

Date published: Jan 13, 1994

Citations

200 A.D.2d 847 (N.Y. App. Div. 1994)
606 N.Y.S.2d 799

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