Summary
The New York Appellate Division, Third Department affirmed a decision finding the claimant ineligible for unemployment insurance benefits because he was not totally unemployed while working and certifying for benefits. The court also upheld the recoverable overpayment and forfeiture penalty based on substantial evidence that the claimant made willful false statements.
Court
Appellate Division of the Supreme Court of the State of New York, Third Department
Jurisdiction
New York
Decision date
March 7, 2013
Disposition
affirmed
Questions Presented
- Whether substantial evidence supported the determination that claimant was ineligible for unemployment benefits because he was not totally unemployed.
- Whether substantial evidence supported the recoverable overpayment and 32-day forfeiture penalty based on claimant's certifications while working and the finding of willful false statements.
- Whether claimant's mental-condition defense defeated the finding that his conduct was intentional.
- Whether claimant could raise an identity-theft argument for the first time on appeal.
Holdings
- The Board's determination that claimant was ineligible for unemployment benefits because he was not totally unemployed was supported by substantial evidence.
- The Board was entitled to reject claimant's assertion that a mental disorder rendered his certifications unintentional because his medical documentation did not substantiate that his condition impaired his awareness to that extent, and the related credibility issue was for the Board to resolve.
- Claimant's assertion that identity theft caused his benefit certifications was not properly before the Appellate Division because he had not raised it at the administrative hearing.
Court Document
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