Mike H. Carmody v. Commissioner of Labor

Summary

The New York Court of Appeals affirmed an order concerning the claimant’s eligibility for pandemic unemployment assistance and related benefits. The court held that substantial evidence supported the determination that the claimant was not totally unemployed and had willfully made false statements regarding hours worked, warranting penalties.

Holdings

1. The Board did not err in applying former Labor Law §§ 522 and 591(1)'s total-unemployment standard to determine Carmody's eligibility for pandemic unemployment assistance and related benefits under the CARES Act.
2. Substantial evidence supported the Board's determination that Carmody was not totally unemployed.
3. Substantial evidence supported the Board's finding that Carmody willfully made a false statement or representation by reporting that he worked zero hours while knowing that he had engaged in business-related activities constituting work.

Questions Presented

1. Whether the Unemployment Insurance Appeal Board properly applied the former Labor Law total-unemployment standard in determining Carmody's eligibility for pandemic unemployment assistance and related benefits under the CARES Act.
2. Whether substantial evidence supported the Board's determination that Carmody was not totally unemployed.
3. Whether substantial evidence supported the Board's finding that Carmody willfully made a false statement or representation to obtain benefits and was therefore subject to penalties.

Disposition

affirmed