Opinion
November 12, 1992
Appeal from the Unemployment Insurance Appeal Board.
Claimant was the secretary for the corporation of which her husband was president and majority stockholder. Their home telephone was the business phone. Claimant and her husband signed a lease for a new cosmetics store to be operated by the corporation. Claimant obtained business cards and signed a certificate of adoption authorizing the corporation to purchase the inventory and goodwill of another cosmetics company. Claimant wrote the corporation's business checks and did the bookkeeping. Once the store opened, claimant testified that she performed a management function at the store. Based on the record before us, there is substantial evidence to support the conclusion by the Unemployment Insurance Appeal Board that claimant's activities constituted employment and that she therefore was not totally unemployed (see, Matter of Gonyo [Roberts], 124 A.D.2d 884; Matter of Muller [Levine], 50 A.D.2d 1005, lv denied 40 N.Y.2d 806).
In addition, on her application form for benefits claimant answered in the negative when asked whether she was engaged in a business that could bring in income and whether she was an officer of a corporation. On her weekly certifications she also stated that she had done no work in employment or self-employment. Claimant's reasons for failing to disclose her activities and status are irrelevant (see, Matter of Petty [Roberts], 90 A.D.2d 604) insofar as it was her responsibility to disclose all the pertinent facts which might affect her right to receive benefits (see, Matter of O'Leary [Roberts], 93 A.D.2d 915). Thus, the Board's conclusion that claimant made willful false statements is also supported by substantial evidence (see, Matter of Lewis [Roberts], 95 A.D.2d 917). Mikoll, J.P., Levine, Mahoney, Casey and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.