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In re the Claim of Bick

Appellate Division of the Supreme Court of New York, Third Department
May 11, 2000
272 A.D.2d 705 (N.Y. App. Div. 2000)

Opinion

May 11, 2000.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 22, 1999, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because she was not totally unemployed.

Henny L. Bick, Monsey, appellant in person.

Eliot Spitzer, Attorney-General (Linda D. Joseph of counsel), New York City, for respondent.

Before: Mercure, J.P., Peters, Mugglin, Rose and Lahtinen, JJ.


MEMORANDUM AND ORDER

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was not totally unemployed during the period that she was receiving unemployment insurance benefits following her separation from her husband's business. Claimant admitted that during the applicable period she performed various activities for her husband's business including writing checks, handling the books and making deposits (see,Matter of Kazin [Commissioner of Labor], ___ A.D.2d ___, 699 N.Y.S.2d 226). Further, the record provides substantial evidence to support the conclusion that claimant made willful false statements to obtain benefits and that such benefits were, therefore, recoverable (Matter of Sherman [Commissioner of Labor], ___ A.D.2d ___, 699 N.Y.S.2d 222).

Mercure, J.P., Peters, Mugglin, Rose and Lahtinen, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

In re the Claim of Bick

Appellate Division of the Supreme Court of New York, Third Department
May 11, 2000
272 A.D.2d 705 (N.Y. App. Div. 2000)
Case details for

In re the Claim of Bick

Case Details

Full title:In the Matter of the Claim of HENNY L. BICK, Appellant. COMMISSIONER OF…

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

Date published: May 11, 2000

Citations

272 A.D.2d 705 (N.Y. App. Div. 2000)
708 N.Y.S.2d 912