In re the Claim of Falus
Opinion of the Court
Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 10, 1999, which ruled, inter alia, that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.
Claimant challenges a decision of the Unemployment Insurance Appeal Board ruling that he was not totally unemployed during the relevant time period given his efforts to start a not-for-profit organization devoted to promoting health and disease prevention in Hispanic communities. The record indicates that claimant wrote numerous letters, made telephone calls and prepared documents in an effort to establish and promote the proposed organization. Claimant was elected vice president of
Furthermore, we find no reason to disturb the Board’s finding that claimant made willful false statements to obtain benefits. Although claimant sought the advice of his attorney regarding his ongoing corporate activities after reading the information booklet, claimant admittedly never inquired at the local unemployment insurance office in order to clarify his employment status (see, Matter of Scott [New York Law School — Commissioner of Labor], 257 AD2d 871, 872, lv denied 93 NY2d 808).
Cardona, P. J., Peters, Spain, Graffeo and Mugglin, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.