In re the Claim of Clemente

Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board holding that claimant willfully made a false statement to obtain benefits and imposing a forfeiture of 24 effective days (Labor Law, § 594). “ Section 594 does not require a criminal intent or proof sufficient to support larceny” (Matter of Bernstein [Corsi], 278 App. Div. 625, affd. 303 N. Y. 755). Furthermore, “ Whether the necessary ‘element of scienter and knowledge of falsity or wrongfulness ’ is present in a given ease is a question of fact and therefore is for the board to determine.” (Matter of Soroka…