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Matter of Davis

Appellate Division of the Supreme Court of New York, Third Department
Jun 2, 1994
205 A.D.2d 826 (N.Y. App. Div. 1994)

Opinion

June 2, 1994

Appeal from the Unemployment Insurance Appeal Board.


During the period in question, claimant performed substantial services on behalf of a corporation of which she was the president and sole stockholder. Claimant prorated and charged to the corporation certain expenses, including a portion of her rent for the one room in her apartment that she used as her corporate office, car mileage and travel expenses. Claimant also wrote several checks on behalf of the corporation and filed a corporate tax return. Given these facts, substantial evidence exists to support the Board's decision that claimant was not totally unemployed. In addition, claimant's failure to disclose her activities on behalf of the corporation and her certification that she did no work in self-employment provide substantial evidence of willful misrepresentation.

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


Summaries of

Matter of Davis

Appellate Division of the Supreme Court of New York, Third Department
Jun 2, 1994
205 A.D.2d 826 (N.Y. App. Div. 1994)
Case details for

Matter of Davis

Case Details

Full title:In the Matter of the Claim of MICHELLE Y. DAVIS, Appellant. JOHN F…

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

Date published: Jun 2, 1994

Citations

205 A.D.2d 826 (N.Y. App. Div. 1994)
613 N.Y.S.2d 63

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