Appellate Division of the Supreme Court of New York, 1976

In re the Claim of Spirson

In re the Claim of Spirson
Appellate Division of the Supreme Court of New York · Decided June 10, 1976
53 A.D.2d 772; 384 N.Y.S.2d 69; 1976 N.Y. App. Div. LEXIS 13550
In re the Claim of Spirson

Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 2, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits because he was not totally unemployed and charging him with an overpayment of $1,292 in benefits ruled recoverable. The record contains ample evidence that claimant was actively engaged as a 50% partner in a music publishing enterprise and, accordingly, the board could properly conclude that claimant was not totally unemployed during the period at issue (Matter of Carasso [Catherwood], 23 AD2d 935). Similarly, the board could find that the benefits claimant accepted had not been received in good faith and were, therefore, recoverable (Matter of Teitlebaum [Catherwood], 26 AD2d 711). While claimant, on December 11, 1974, indicated in response to a question on the original claim form that he was engaged in a business or other activity that "brings in or may bring in income”, at no time from then until May 7, 1975 did he reveal he engaged in any activity for the publishing enterprise despite almost continued daily effort on its behalf. Instead he certified that for each and every day during this entire period he did no work "at all” when the board could find he knew such was not, in fact, the case. Decision affirmed, without costs. Koreman, P. J., Sweeney, Mahoney, Main and Reynolds, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.