In re the Claim of Rotter
Opinion of the Court
Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 20, 1995, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.
Claimant collected unemployment insurance benefits while engaged in activities on behalf of his own business. The Board found him ineligible to receive unemployment insurance benefits because he was not totally unemployed. In addition, the Board charged him with a recoverable overpayment of benefits and reduced his right to receive future benefits on the basis that he made willful false statements. Claimant argues, inter alia, that he did not report his business activities to the local unemployment insurance office because he was not receiving any compensation and, therefore, the Board’s finding of willful misrepresentation must be reversed. We find this argument unpersuasive.
Claimant was the vice-president and 80% shareholder of a sweater manufacturing company. He invested $125,000 in the business and obtained a $100,000 loan. Claimant transferred the business losses from the corporation to his personal income
Cardona, P. J., Mikoll, Crew III, Casey and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.