Opinion
April 11, 1991
Appeal from the Unemployment Insurance Appeal Board.
Claimant admitted that while he was receiving unemployment insurance benefits, he continued to visit the business premises, signed checks for the business, picked up and handled the mail, and participated in efforts to rent or sell the premises as well as the equipment for the business. This evidence supports the conclusion that claimant's activities in connection with the closing down of the business were continuous and significant and that he therefore was not totally unemployed (see, Matter of St. Germain [Ross], 78 A.D.2d 565; Matter of Lieberman [Esmarco Contrs. — Catherwood], 20 A.D.2d 835). Furthermore, there is substantial evidence in the record to support the decision that claimant willfully made false statements to obtain benefits (see, Matter of Muller [Levine], 50 A.D.2d 1005, lv denied 40 N.Y.2d 806) and that the benefits were recoverable (Labor Law § 597).
Decision affirmed, without costs. Mahoney, P.J., Weiss, Mikoll, Crew III and Harvey, JJ., concur.