Appellate Division of the Supreme Court of New York, 1966

In re the Claim of Ringer

In re the Claim of Ringer
Appellate Division of the Supreme Court of New York · Decided October 20, 1966
26 A.D.2d 859; 273 N.Y.S.2d 975; 1966 N.Y. App. Div. LEXIS 3358
In re the Claim of Ringer

Opinion of the Court

Memorándum by the Court. Appeal from a decision of the Unemployment Insurance Appeal Board that claimant by altering a date in his insurance booklet willfully made a false statement to obtain benefits by reason of which the penalty of a forfeiture of 20 effective days in reduction of future benefit rights was imposed. (Labor Law, § 594.) The circumstantial evidence clearly supported the factual finding which the board made and its determination thereof was well within its province, as was its finding that claimant’s denial of the alteration was not credible; and we are without authority to disturb these findings or the conclusion predicated upon them. Decision affirmed, without costs. Gibson P. J., Herlihy, Reynolds and Aulisi, JJ., concur; Taylor, J., not voting.

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