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MATTER OF Di GIACOMO

183 A.D.2d 1095 (1992)

In the Matter of the Claim of Deborah J. Di Giacomo, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

May 21, 1992

Whether a claimant is totally unemployed and whether there has been a willful misrepresentation are questions of fact for the Unemployment Insurance Appeal Board to resolve (see, Matter of Arnold [Roberts], 104 A.D.2d 685, 686). Here, claimant does not dispute that she wrote and signed checks on behalf of her husband's corporation on 43 separate days during the benefit period. Because this type of checkwriting activity has...

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