Opinion
June 20, 1967
Appeal by claimant from a decision of the Unemployment Insurance Appeal Board which held claimant ineligible to receive benefits, charging him with overpayments ruled recoverable and imposing a penalty of a forfeiture of 160 effective days because he willfully made false statements. Claimant, a carpenter, formed a corporation with his wife and another couple. Each owned one share of stock and claimant was president and secretary. Apparently, there was no consideration given for the stock, the assets of the corporation were very limited and a loan was made to the corporation by claimant. Thereafter, claimant resigned his offices and transferred his stock to his wife. The other couple also divested their interests and claimant's wife became the sole stockholder and principal officer. Claimant and his wife have four children and the corporation office is in their jointly owned home. The books and records are maintained by their attorney and a bookkeeper-secretary. Claimant signed receipts and applied for licenses in the corporate name. Claimant contends that his relationship with the corporate employer was known to the Department of Labor and that he did not consciously misrepresent any facts. These are factual issues for the board ( Matter of Soroka [ Catherwood], 24 A.D.2d 920, 921) and a review of the entire record reveals substantial evidence to sustain their determination. This instant situation, apparently set up by claimant with legal counsel in order to claim unemployment benefits, requires full and complete disclosure of all pertinent facts at the time of applying for benefits ( Matter of Marder [ Catherwood], 16 A.D.2d 303; Matter of Wersba [ Catherwood], 27 A.D.2d 890). We have reviewed claimant's other arguments and find them to be without merit. Decision affirmed, without costs. Herlihy, J.P., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Aulisi, J.