Opinion
September 26, 1991
Appeal from the Unemployment Insurance Appeal Board.
Claimant admitted that he worked for a temporary employment agency for one day during the period that he was collecting unemployment insurance benefits. He also admitted that on his certification for benefits he placed an "N" on the form as to whether he worked on the day in question and that he knew that "N" meant that he did not work that day. Under these circumstances, the conclusion by the Unemployment Insurance Appeal Board that claimant was not totally unemployed, that the benefits he received for that day were recoverable and that his false statement was willfully made is supported by substantial evidence (see, Matter of Woods [Ross], 54 A.D.2d 515; cf., Matter of Petty [Roberts], 90 A.D.2d 604). There is also substantial evidence to support the Board's conclusion that claimant refused employment without good cause (see, Matter of Anderson [Levine], 53 A.D.2d 771). Claimant's contentions to the contrary concern questions of fact which were for the Board to resolve (see, Matter of Weisberg [Levine], 52 A.D.2d 681). Therefore, the benefits he received thereafter were also properly deemed recoverable (Labor Law § 597). Claimant's remaining contentions have been considered and rejected as lacking in merit.
Mahoney, P.J., Casey, Weiss and Crew III, JJ., concur. Ordered that the decision is affirmed, without costs.