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eBook details

• Title: Matter Claim Beverly Smalt
• Author : Supreme Court of New York
• Release Date : January 11, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 13, 1981, which reopened, reconsidered and adhered to its prior decision filed June 4, 1979, reinstating determinations of the local office holding claimant ineligible to receive benefits because she was not totally unemployed, charging her with an overpayment of $5,700 in benefits ruled to be recoverable and finding that she willfully made false statements to obtain benefits by reason of which a forfeiture of 484 effective days was imposed. This appeal was previously before this court and our determination was withheld pending notification as to whether an application for reopening would be made to the board (Matter of Smalt [Ross], 79 A.D.2d 793). Thereafter, claimant, by letter dated January 12, 1981, made a request to the board "that the appeal taken by the Commissioner from the decision of the Administrative Law Judge be reopened". This request was in effect an application to reopen the boards decision filed June 4, 1979. The board has continuing jurisdiction to reopen a case upon its own motion or upon application duly made to it (Matter of Michelfelder [Ross], 79 A.D.2d 791). The board also has continuing authority over Referee decisions, regardless of appeal, pursuant to subdivision 3 of section 620 of the Labor Law. Consequently, we cannot say on the present record that the board improperly reopened and reconsidered its prior decision or that the board abused its discretion in reviewing the Referees decision (see Matter of Tri-Cities Nurses Registry [Ross], 56 A.D.2d 964). Turning to the merits, the record reveals that claimant was employed during the years in question by a corporation as a manager of the ski sportswear department which involved the buying and selling of ski sportswear only during certain months of the year. During the slack seasons claimant received unemployment insurance benefits. Claimants husband was the president and sole shareholder of the corporation. In a statement signed by claimant on October 25, 1977 claimant stated "I would go into the store while I was on lay off status. I would go in an average of 4 or 5 [82 A.D.2d 958 Page 959]

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