Appellate Division of the Supreme Court of New York, 1967

In re the Claim of Ilibassi

In re the Claim of Ilibassi
Appellate Division of the Supreme Court of New York · Decided January 5, 1967
27 A.D.2d 673; 276 N.Y.S.2d 91; 1967 N.Y. App. Div. LEXIS 5080
In re the Claim of Ilibassi

Opinion of the Court

Per Curiam.

Appeal from a decision of the Unemployment Insurance Appeal Board (1) holding claimant ineligible for benefits on the ground that he was not totally unemployed, (2) charging him with an overpayment which was ruled recoverable, and (3) imposing a forfeiture of 116 effective days in reduction of future benefit lights upon finding that he willfully made false statements to obtain benefits. The board’s findings were predicated largely upon proof of certain sales contracts prepared by claimant himself, showing sales on commission during the period for which he certified total unemployment. Certainly the board was entitled to credit this evidence and to deny credence, as it expressly did, to claimant’s statement that he predated all the contracts. Decision affirmed, without costs. Gibson, P. J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur.

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