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MATTER OF GRAVER

176 A.D.2d 412 (1991)

In the Matter of the Claim of Audrey Graver, Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

September 19, 1991

Whether a claimant is totally unemployed is a question of fact for the Unemployment Insurance Appeal Board to resolve, as is the question of whether there has been a willful misrepresentation (Matter of Arnold [Roberts], 104 A.D.2d 685). Here, claimant admitted that at the time she filed for unemployment insurance benefits she intended to continue operation of the corporation of which she was president and that she spent "most" of...

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