MATTER OF GERSHEN


244 A.D.2d 745 (1997)

664 N.Y.S.2d 672

In the Matter of the Claim of Jay M. Gershen, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

November 20, 1997


While claimant was unemployed and in receipt of unemployment insurance benefits, he acted as the uncompensated caretaker for a martial arts academy. As a consequence, the Unemployment Insurance Appeal Board found that he was not entitled to benefits as he was not totally unemployed and was guilty of making willful false statements to obtain benefits due to his failure to report his activities to the local office. We affirm. Unemployment benefits are not payable unless a claimant...

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