Matter of Robinson (Commr. of Labor), 125 A.D.3d 1038 (N.Y. App. Div. 2015). · Go Syfert
Matter of Robinson (Commr. of Labor), 125 A.D.3d 1038 (N.Y. App. Div. 2015). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Naher (Commissioner of Labor) (nyappdiv, 2024-02-29)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Naher (Commissioner of Labor)
N.Y. App. Div. · 2024 · confidence medium
We nevertheless note that, were we to reach the merits of the Board's February 7, 2023 decision, substantial evidence supports it in all respects ( see Matter of Johnson [Commissioner of Labor] , 210 AD3d 1260 , 1262 [3d Dept 2022]; Matter of Robinson [Commissioner of Labor] , 125 AD3d 1038, 1039-1040 [3d Dept 2015], lv dismissed 26 NY3d 953 [2015]).
discussed Cited as authority (rule) Matter of Johnson (Commissioner of Labor)
N.Y. App. Div. · 2023 · confidence medium
As it was undisputed that claimant was paid her full salary for her five-day per week, part-time PPA position, substantial evidence supports the Board's finding that she was not totally unemployed and was ineligible to receive benefits for those weeks ( see Matter of Chin [Commissioner [*3]of Labor] , 211 AD3d at 1264; Matter of Robinson [Commissioner of Labor] , 125 AD3d 1038, 1039 [3d Dept 2015], lv dismissed 26 NY3d 953 [2015]). [FN3] "Given the Board's finding that claimant was not totally unemployed and therefore ineligible for unemployment insurance benefits under state law, claimant was…
discussed Cited as authority (rule) Matter of Bebbino (Clare Rose Inc.--Commissioner of Labor)
N.Y. App. Div. · 2019 · confidence medium
Initially, it is well settled that "whether a claimant is totally unemployed for purposes of receiving unemployment insurance benefits is a factual issue for the Board and its determination will be upheld if supported by substantial evidence" ( Matter of Robinson [Commissioner of Labor] , 125 AD3d 1038, 1039 [2015], lv dismissed 26 NY3d 953 [2015]; see Matter of Boscarino [Commissioner of Labor] , 117 AD3d 1145 , 1146 [2014]).
discussed Cited as authority (rule) Matter of Lasker (Commissioner of Labor)
N.Y. App. Div. · 2017 · confidence medium
We affirm. “[W]hether a claimant is totally unemployed for purposes of receiving unemployment insurance benefits is a factual question for the Board and its determination will be upheld if supported by substantial evidence” (Matter of Robinson [Commissioner of Labor], 125 AD3d 1038, 1039 [2015], lv dismissed 26 NY3d 953 [2015]; accord Matter of Roberson [Commissioner of Labor], 142 AD3d 1259, 1260 [2016]). “[A] corporate officer who performs activities in connection with the winding up of a corporation will not be considered totally unemployed, even if his or her activities in this regar…
discussed Cited as authority (rule) Matter of Roberson (Commr. of Labor)
N.Y. App. Div. · 2016 · confidence medium
Servs. — Commis sioner of Labor], 133 AD3d 1146 , 1146 [2015]; Matter of Smith [Commissioner of Labor], 8 AD3d 744, 745 [2004]). “[W]hether a claimant is totally unemployed for purposes of receiving unemployment insurance benefits is a factual question for the Board and its determination will be upheld if supported by substantial evidence” (Matter of Robinson [Commissioner of Labor], 125 AD3d 1038, 1039 [2015], lv dismissed 26 NY3d 953 [2015]; see Matter of Nebel [Commissioner of Labor], 108 AD3d 1007 , 1008 [2013]).
discussed Cited as authority (rule) Matter of Lucien (Commr. of Labor)
N.Y. App. Div. · 2016 · confidence medium
Claimant’s admission that he worked 11 days during the benefit period in question, in addition to the employer’s payroll and time records and testimony documenting his employment during that time, provide substantial evidence to support the Board’s factual finding that he is ineligible to receive unemployment insurance benefits during the relevant time because he was not totally unemployed (see Matter of Shuman [Commissioner of Labor], 135 AD3d 1284, 1285 [2016]; Matter of Robinson [Commissioner of Labor], 125 AD3d 1038, 1039 [2015], lv dismissed 26 NY3d 953 [2015]; see also Labor Law §…
discussed Cited as authority (rule) Matter of Shuman (Commr. of Labor)
N.Y. App. Div. · 2016 · confidence medium
Under these circumstances, substantial evidence also supports the Board’s finding that he made willful false statements to obtain benefits (see Matter of Robinson [Commissioner of Labor], 125 AD3d 1038, 1040 [2015], lv dismissed 26 NY3d 953 [2015]; Matter of DeOliveira [Commissioner of Labor], 36 AD3d at 1046 ).
Retrieving the full opinion text from the archive…
In the Matter of the Claim of Tammy Robinson, Appellant. Commissioner of Labor, Respondent
519337.
Appellate Division of the Supreme Court of the State of New York.
Feb 5, 2015.
125 A.D.3d 1038
Cited by 7 opinions  |  Published

[*1039] Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 16, 2014, which, among other things, ruled that claimant was ineligible to receive unemployment insurance benefits because she was not totally unemployed.

Claimant, a licensed practical nurse, was contracted by a nurse staffing agency to work part time at the Albany County Nursing Home on various dates between August 2011 and April 2012. She certified for and received unemployment insurance benefits during this time period. Thereafter, the Department of Labor issued initial determinations finding that claimant was ineligible to receive benefits for certain weeks because she was not totally unemployed and/or had received earnings in excess of the statutory maximum. It also charged her with recoverable overpayments of benefits and imposed forfeiture penalties based upon a finding that she made willful misrepresentations to obtain benefits. Claimant challenged these determinations, but only disputed the days worked and/or wages earned during the weeks ending October 30, 2011, November 6, 2011, January 29, 2012, February 12, 2012, March 25, 2012, April 1, 2012 and April 8, 2012. Following a hearing, an Administrative Law Judge modified the determinations of ineligibility with respect to four of the weeks within the subject time period — none of which were challenged by claimant — and remitted the matter for a recalculation of the recoverable overpayments and civil penalties, but otherwise sustained the determinations, including the finding of willful misrepresentation. The Unemployment Insurance Appeal Board affirmed this decision and claimant now appeals.

Initially, whether a claimant is totally unemployed for purposes of receiving unemployment insurance benefits is a factual question for the Board and its determination will be upheld if supported by substantial evidence (see Matter of Nebel [Commissioner of Labor], 108 AD3d 1007, 1008 [2013]; Matter of Ramdhani [Commissioner of Labor], 98 AD3d 1183, 1184 [2012]). Notably, claimants performing part-time work who have worked four or more days per week or who have earned more than $405 per week regardless of the number of days worked have been deemed not to be totally unemployed and, therefore, ineligible to receive benefits for those weeks (see Matter of Nebel [Commissioner of Labor], 108 AD3d at 1008; Matter of Gullotti [Commissioner of Labor], 107 AD3d 1220, 1221 [2013]; Matter of Monserrate [Commissioner of Labor], 102 AD3d 1046, 1047 [2013]; see also Labor Law §§ 522, 523).

Here, the certification records reveal that claimant represented that she did not work any days during the weeks end[*1040] ing October 30, 2011, November 6, 2011, January 29, 2012, February 12, 2012, April 1, 2012 and April 8, 2012, and only two days during the week ending March 25, 2012. However, the payroll records and related documentation admitted at the hearing establish that claimant worked three days during the weeks ending October 30, 2011, November 6, 2011, January 29, 2012, March 25, 2012 and April 1, 2012, and five days during the weeks ending February 12, 2012 and April 8, 2012. In addition, such documents disclose that for each of the weeks in question, claimant earned more than $405 per week. Notwithstanding claimant’s assertion to the contrary, we conclude that the Board properly considered this documentation (see Matter of Umpierre [Commissioner of Labor], 60 AD3d 1182 [2009]) and that it provides substantial evidence supporting the determination of ineligibility with respect to the weeks in question (see Matter of Monserrate [Commissioner of Labor], 102 AD3d at 1047; Matter of Ramdhani [Commissioner of Labor], 98 AD3d at 1184).

As for the Board’s finding that claimant made willful misrepresentations to obtain benefits, claimant admittedly possessed an unemployment insurance handbook informing her that she could not receive benefits for any weeks that she worked four or more days or earned more than $405 per week. She nevertheless certified for benefits during weeks when she did not meet the required criteria. In view of this, substantial evidence also supports the Board’s finding in this regard (see Matter of Nebel [Commissioner of Labor], 108 AD3d at 1008; Matter of Gullotti [Commissioner of Labor], 107 AD3d at 1221-1222). We have considered claimant’s remaining contentions and find them to be unavailing.

Lahtinen, J.P., Rose, Egan Jr. and Lynch, JJ., concur.

Ordered that the decision is affirmed, without costs.