In re Deutsch, 519295
| Citation | 5 N.Y.S.3d 607,2015 N.Y. Slip Op. 02171,126 A.D.3d 1209 |
| Decision Date | 19 March 2015 |
| Docket Number | 519295 |
| Parties | In the Matter of the Claim of Stuart DEUTSCH, Appellant. Commissioner of Labor, Respondent. |
| Court | New York Supreme Court — Appellate Division |
126 A.D.3d 1209
5 N.Y.S.3d 607
2015 N.Y. Slip Op. 02171
In the Matter of the Claim of Stuart DEUTSCH, Appellant.
Commissioner of Labor, Respondent.
519295
Supreme Court, Appellate Division, Third Department, New York.
March 19, 2015.
Stuart Deutsch, Spring Hill, Florida, appellant pro se.
Eric T. Schneiderman, Attorney General, New York City (Dawn A. Foshee of counsel), for respondent.
Before: PETERS, P.J., GARRY, EGAN JR. and DEVINE, JJ.
Opinion
Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 11, 2013, which, among other things, charged claimant with a recoverable overpayment of unemployment insurance benefits upon finding that he made a willful misrepresentation to obtain benefits.
Claimant filed an application for unemployment insurance benefits effective July 13, 2009 and began receiving benefits thereafter. During the benefit week ending September 12, 2010, claimant worked four days, but the records of the Department
of Labor revealed that he represented that he did not work any days during this week when certifying for benefits online. He received benefits totaling $301 for the week in question.
The Department subsequently issued initial determinations finding that claimant was ineligible to receive benefits during this week because he was not totally unemployed and charged him with a recoverable overpayment, as well as a forfeiture penalty upon finding that he made a willful misrepresentation to obtain benefits. Claimant challenged only that part of the determinations finding that he made a willful misrepresentation and he requested a hearing. Due to claimant's failure to appear at this hearing or a second hearing, and his failure to proceed at a third hearing, default decisions sustaining the initial determinations were issued by an Administrative Law Judge (hereinafter ALJ). Claimant...
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In re McCann
...issue for the Board to resolve and will be upheld if supported by substantial evidence’ ” (Matter of Deutsch [Commissioner of Labor], 126 A.D.3d 1209, 1210, 5 N.Y.S.3d 607 [2015], quoting Matter of Masterpaul [Commissioner of Labor], 76 A.D.3d 729, 729, 907 N.Y.S.2d 346 [2010] [citations om......
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In re Kachmarik, 521614.
...of Labor], 76 A.D.3d 729, 729, 907 N.Y.S.2d 346 [2010] [citations omitted]; accord Matter of Deutsch [Commissioner of Labor], 126 A.D.3d 1209, 1210, 5 N.Y.S.3d 607 [2015] ). Further, “a claimant may be found to have made a willful misrepresentation to obtain benefits even if the false state......
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In re Guibord
...intentionally or deliberately and does not require proof of criminal intent to defraud" (Matter of Deutsch [Commissioner of Labor], 126 A.D.3d 1209, 1210, 5 N.Y.S.3d 607 [2015] ; see Matter of Brown [Commissioner of Labor], 115 A.D.3d 1108, 1109, 982 N.Y.S.2d 200 [2014] ). Indeed, "a claima......
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Schneider v. Comm'r of Labor
...[2013] ; see Matter of Guibord [Commissioner of Labor], 147 A.D.3d at 1138, 46 N.Y.S.3d 294 ; Matter of Deutsch [Commissioner of Labor], 126 A.D.3d 1209, 1210, 5 N.Y.S.3d 607 [2015] ).Here, claimant acknowledged that the time records from the retail clothing business accurately reflected th......