(Download) "Matter Claim Daniel J. Oleary" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Matter Claim Daniel J. Oleary
- Author : Supreme Court of New York
- Release Date : January 07, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 11, 1982. Claimant contends that the record lacks substantial evidence to support so much of the decision appealed from as ruled recoverable the benefits paid to claimant during various periods between December 29, 1975 and April 12, 1981 and imposed a forfeiture of 400 effective days as a penalty. This ruling was based upon the finding that claimant willfully made false statements or representations to obtain the benefits (Labor Law, ç 594). It is undisputed that since 1972 claimant has been employed by a country club as a golf professional for 26 weeks each year, beginning in mid-April and ending in mid-October. During this period, claimant also rented golf carts and operated a pro shop on the clubs premises. Claimant filed for and received benefits for the off-season periods, during which he billed customers for items purchased from the pro shop while it was open, accepted and deposited payments, ordered and took delivery of materials for the pro shop, wrote business checks, and picked up and reviewed business mail. Despite these activities, claimant certified that he neither had any business nor was engaged in any other activity which might bring in income. These certifications serve as the basis for the boards finding that claimant willfully made false statements or representations to obtain benefits. On this appeal, claimant raises no issue concerning the finding that he was not totally unemployed. Rather, he contends that he made no willful false statements or representations. In Matter of Valvo (Ross) (83 A.D.2d 344, 347, affd 57 N.Y.2d 116), we explained that in those cases where a primary issue has been whether the claimants activities constituted "employment" within the meaning of the Labor Law, "claimants cannot be held responsible for erroneous legal conclusions which are based upon the construction of a technical term ordinarily left to the boards expertise". Thus, we held that claimant Valvos weekly certifications of no employment, despite her uncompensated check-writing activities for her employer during the off-season, did not constitute false statements. In affirming, the Court of Appeals cautioned that the facts of each case must be examined in order to determine whether the boards finding has a rational basis (57 N.Y.2d 116, 126). In our view, the [93 A.D.2d 915 Page 916]
 "Matter Claim Daniel J. Oleary" by Supreme Court of New York # Book PDF Kindle ePub Free){kind=link}