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Matter of Micelli

Appellate Division of the Supreme Court of New York, Third Department
Sep 15, 1994
207 A.D.2d 929 (N.Y. App. Div. 1994)

Opinion

September 15, 1994

Appeal from the Unemployment Insurance Appeal Board.


In view of evidence that, during the eligible period, claimant performed services for a family-owned business corporation of which he was a one-third shareholder, there is substantial evidence for the Board's conclusion that claimant was not totally unemployed. Because these activities took place at the same time that claimant was collecting benefits and representing that he was not working, there is also proof to support the determination that claimant made willful misrepresentations to obtain benefits.

Mikoll, J.P., Mercure, Weiss, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Micelli

Appellate Division of the Supreme Court of New York, Third Department
Sep 15, 1994
207 A.D.2d 929 (N.Y. App. Div. 1994)
Case details for

Matter of Micelli

Case Details

Full title:In the Matter of the Claim of FRANK MICELLI, Appellant. JOHN F. HUDACS, as…

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

Date published: Sep 15, 1994

Citations

207 A.D.2d 929 (N.Y. App. Div. 1994)
616 N.Y.S.2d 557

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