In re the Claim of Mondragon
Cases that cite this one
6 later published cases cite this decision.
- Matter of Guibord (Commr. of Labor) (Appellate Division of the Supreme Court of New York 2017)
- MatterofGuess[Commr.ofLabor] (Appellate Division of the Supreme Court of New York 2014)
- In re the Claim of Crist (Appellate Division of the Supreme Court of New York 2014)
- In re the Claim of Crist (Appellate Division of the Supreme Court of New York 2014)
- In re the Claim of Guess (Appellate Division of the Supreme Court of New York 2014)
- In re the Claim of Guess (Appellate Division of the Supreme Court of New York 2014)
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 November 10, 2010, which, among other things, charged claimant with a recoverable overpayment of unemployment insurance benefits upon finding that he made a willful misrepresentation to obtain benefits.
Claimant concedes that, when certifying for benefits, he falsely represented that his employment with the second employer ended due to a lack of work and that he, in fact, left this job with the expectation of obtaining a full-time position elsewhere. He explained at the hearing that this was an innocent mistake as he was rushing while completing the certification form via computer. Even accepting that claimant’s misrepresentation was not intentional, that explanation is not a defense to making a statement on the certification that was false in fact (see Labor Law § 597 [4]; Matter of Lawrence [Commissioner of Labor], 39 AD3d 980, 981 [2007]; Matter of Piccirilli [Roberts], 92 AD2d 686, 686-687 [1983]). Therefore, we find no reason to disturb the Board’s decision.
Mercure, J.P., Spain, Lahtinen, Kavanagh and McCarthy, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.