Opinion
October 9, 1997
Appeal from a decision of the Unemployment Insurance Appeal Board.
Substantial evidence supports the Unemployment Insurance Appeal Board's finding that claimant was not totally unemployed at the time he was receiving unemployment insurance benefits. Documentary and testimonial evidence presented at the hearing established that claimant operated his own design and planning business while receiving benefits, thereby supporting the Board's finding that he was not totally unemployed ( see, Matter of Mizener [Sweeney], 240 A.D.2d 801; Matter of Monro [Sweeney], 235 A.D.2d 885, 886). Inasmuch as claimant failed to disclose his involvement in this business, we conclude that substantial evidence supports the Board's finding that he willfully made false statements to obtain benefits ( see, Matter of Gross [Hudacs], 195 A.D.2d 742).
Cardona, P.J., Mikoll, White, Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.