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Matter of Blake

Appellate Division of the Supreme Court of New York, Third Department
Jun 18, 1998
251 A.D.2d 840 (N.Y. App. Div. 1998)

Opinion

June 18, 1998

Appeal from the Unemployment Insurance Appeal Board.


The Unemployment Insurance Appeal Board, reversing the decision of the Administrative Law Judge, found that claimant had disclosed his confidential personal identification number (hereinafter PIN) to his wife and had her certify his claim for benefits. As a result, the Board reduced claimant's right to receive future benefits by 80 days. While claimant asserts that he never disclosed his PIN to his wife, this presented a credibility issue which the Board was at liberty to resolve provided its determination is supported by substantial evidence ( see, Matter of Horton [Hartnett], 176 A.D.2d 1103, 1104). Given the testimony of the service representative from the local unemployment insurance office together with claimant's signed statement that he had given his wife his PIN number and that she had indeed certified benefits on his behalf, substantial evidence supports the Board's decision ( see, Matter of Jagiello [Hartnett], 180 A.D.2d 859, 860; see also, Matter of Caronna [Sweeney], 241 A.D.2d 651).

Cardona, P. J., Yesawich Jr., Peters, Spain and Carpinello, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Blake

Appellate Division of the Supreme Court of New York, Third Department
Jun 18, 1998
251 A.D.2d 840 (N.Y. App. Div. 1998)
Case details for

Matter of Blake

Case Details

Full title:In the Matter of the Claim of ROBERT J. BLAKE, Appellant. COMMISSIONER OF…

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

Date published: Jun 18, 1998

Citations

251 A.D.2d 840 (N.Y. App. Div. 1998)
674 N.Y.S.2d 519