Appellate Division of the Supreme Court of New York, 2003

In re the Claim of Lake

In re the Claim of Lake
Appellate Division of the Supreme Court of New York · Decided September 11, 2003
308 A.D.2d 628; 764 N.Y.S.2d 151; 2003 N.Y. App. Div. LEXIS 9324
In re the Claim of Lake

Cases that cite this one

1 later published case cites this decision.

  • In re Smith (Appellate Division of the Supreme Court of New York 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 27, 2003, which ruled, inter alia, that claimant was ineligible to receive unemployment insurance benefits because she was not totally unemployed.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was not totally unemployed during the period in which she was receiving unemployment insurance benefits (see Matter of Chordas [Hudacs], 207 AD2d 937, 937-938 [1994]; Matter of Bairn [Hart-nett], 167 AD2d 651, 651 [1990]). Claimant admitted that she began a new temporary assignment but continued to certify that she was totally unemployed. Although claimant maintained that the employer advised her to continue her certification of unemployment insurance benefits because the duration of the temporary assignment was uncertain, claimant was under an obligation to disclose all employment activities which could affect her right to receive benefits (see Matter of O’Leary [Roberts], 93 AD2d 915, 916 [1983]). We, accordingly, find no reason to disturb the Board’s decision reducing claimant’s right to future benefits on the ground that she made willful false statements.

Cardona, P.J., Mercure, Rose, Lahtinen and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.

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