SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT
May 20, 1968
IN THE MATTER OF THE CLAIM OF JOHN D. GARDNER, APPELLANT. MARTIN P. CATHERWOOD, AS INDUSTRIAL COMMISSIONER, RESPONDENT
Gibson, P. J., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by the court.
Memorandum by the Court. Appeal by claimant from a decision of the Unemployment Insurance Appeal Board disqualifying claimant from receiving benefits due to a lack of total unemployment; holding that claimant willfully made false statements to obtain benefits; penalizing claimant therefor 208 effective days; and holding that claimant was overpaid the sum of $605 in benefits, held to be recoverable. The board was warranted in finding, on the basis of the evidence it evaluated as credible, that claimant was actually employed in the business conducted by his nephew, during the alleged unemployment period and that, contrary to claimant's contention, his services were not gratuitous and the checks issued to him and to his wife represented wages and not loans.
Decision affirmed, without costs.
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