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Matter of Mulligan

Appellate Division of the Supreme Court of New York, Third Department
Feb 29, 1996
224 A.D.2d 866 (N.Y. App. Div. 1996)

Opinion

February 29, 1996

Appeal from the Unemployment Insurance Appeal Board.


As the result of claimant's involvement in a lawn mowing and power washing business, the Board found that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed and charged him with a recoverable overpayment of $3,640. Claimant argues that the Board's decision is not supported by substantial evidence. We disagree. Evidence was presented at the hearing that claimant was named as secretary of the corporation, that he invested $24,000 in the business and that he received $2,500 in income from the business. Although claimant stated that he was unaware that he was named secretary, that the $24,000 was merely a loan and that he did not receive any financial benefit because the business was dissolved shortly after it was started, the Board could properly discount this testimony given claimant's inconsistent representations to the local unemployment insurance office and his failure to produce compelling proof of dissolution. Consequently, we find that the Board's decision is supported by substantial evidence.

Cardona, P.J., Mikoll, Mercure, Crew III and White, JJ., concur. Ordered that the decisions are affirmed, without costs.


Summaries of

Matter of Mulligan

Appellate Division of the Supreme Court of New York, Third Department
Feb 29, 1996
224 A.D.2d 866 (N.Y. App. Div. 1996)
Case details for

Matter of Mulligan

Case Details

Full title:In the Matter of the Claim of DENNIS W. MULLIGAN, Appellant. JOHN E…

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

Date published: Feb 29, 1996

Citations

224 A.D.2d 866 (N.Y. App. Div. 1996)
638 N.Y.S.2d 257

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