Legal Opinion
In re the Claim of Di Giacomo
Appellate Division of the Supreme Court of the State of New York
Decided May 21, 1992PublishedCited by 6 opinions
1Opinion of the Court
— Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 13, 1991, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because she was not totally unemployed.
Whether a claimant is totally unemployed and whether there has been a willful misrepresentation are questions of fact for the Unemployment Insurance Appeal Board to resolve (see, Matter of Arnold [Roberts], 104 AD2d 685, 686). Here, claimant does not dispute that she wrote and signed checks on behalf of her husband’s corporation on 43 separate days during the benefit…
2Cases cited4 opinions
- In re the Claim of BarberAppellate Division of the Supreme Court of the State of New York · 1986
- In re the Claim of O'LearyAppellate Division of the Supreme Court of the State of New York · 1983
- In re the Claim of GonyoAppellate Division of the Supreme Court of the State of New York · 1986
- In re the Claim of ArnoldAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by6 opinions
- In re the Claim of AlmAppellate Division of the Supreme Court of the State of New York · 2003
- In re the Claim of BartfeldAppellate Division of the Supreme Court of the State of New York · 1997
- In re the Claim of StantonAppellate Division of the Supreme Court of the State of New York · 2002
- In re Claim of RedloAppellate Division of the Supreme Court of the State of New York · 1997
- In re the Claim of SterneAppellate Division of the Supreme Court of the State of New York · 2013
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