In re the Claim of Diaz

Substantial evidence supports the Unemployment Insurance Appeal Board’s finding that claimant made willful misrepresentations to obtain unemployment insurance benefits, thereby justifying the imposition of a recoverable overpayment and forfeiture of future benefits (see Matter of Sexton [Commissioner of Labor], 51 AD3d 1312, 1312 [2008]), notwithstanding claimant’s contention that the misrepresentations were not knowingly made (see Matter of McBurney [Commissioner of Labor], 46 AD3d 1308 [2007]; Matter of Piccirilli [Roberts], 92 AD2d 686 [1983]). Specifically, the record reveals that, during…