From Casetext: Smarter Legal Research

Matter of Contro

Appellate Division of the Supreme Court of New York, Third Department
Mar 2, 2000
270 A.D.2d 557 (N.Y. App. Div. 2000)

Opinion

March 2, 2000

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 16, 1998, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

O'Connor, Gacioch, Pope Tait (Alan J. Pope of counsel), Binghamton, for appellant.

Eliot Spitzer, Attorney-General (Steven Segall of counsel), New York City, for respondent.

Before: CARDONA, P.J., CREW III, SPAIN, CARPINELLO and GRAFFEO, JJ.


MEMORANDUM AND ORDER

On this appeal, claimant contends that she was discharged from her employment due to lack of work. We disagree. The record indicates that claimant established a pattern of working for her husband's plumbing business, then claiming unemployment insurance benefits for 26 weeks and then returning back to work once the benefits were exhausted. The record also reveals that, as a part of this pattern, claimant's husband received paychecks in similar amounts to those paid claimant once claimant was off the payroll but that he stopped receiving these paychecks once claimant returned to work. This pattern of separation from claimant's employment supports the finding by the Unemployment Insurance Appeal Board that there were no compelling reasons for claimant's unemployment and that these periods of unemployment were contrived by claimant and her husband (see, Matter of McNeil [Hudacs], 180 A.D.2d 994). Furthermore, given that claimant indicated on her application for unemployment insurance benefits that she separated from her employment due to lack of work when, in fact, business necessity did not warrant her discharge, we decline to disturb the Board's finding that claimant made willful false statements in order to obtain benefits (see, Matter of Yaminian [Misicom Inc. — Commissioner of Labor], 254 A.D.2d 678, lv denied 93 N.Y.2d 801;Matter of Pelkey [Hudacs], 180 A.D.2d 995). We have reviewed claimant's remaining contentions and find them to be lacking in merit.

CARDONA, P.J., CREW III, SPAIN, CARPINELLO and GRAFFEO, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Contro

Appellate Division of the Supreme Court of New York, Third Department
Mar 2, 2000
270 A.D.2d 557 (N.Y. App. Div. 2000)
Case details for

Matter of Contro

Case Details

Full title:In the Matter of the Claim of EVELYN CONTRO, Appellant. COMMISSIONER OF…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 2, 2000

Citations

270 A.D.2d 557 (N.Y. App. Div. 2000)
703 N.Y.S.2d 583

Citing Cases

In the Matter of Wisinski

He further stated that he even increased her salary to $1,000 per week so that she would not search for…

In the Matter of Warner

Each year claimant's husband worked from May to September, taking himself off of the company payroll in…