State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: November 17, 2016 522672 

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In the Matter of the Claim of 

VICTOR P. CORSO, 

Appellant.

MEMORANDUM AND ORDER

COMMISSIONER OF LABOR, 

Respondent.

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Calendar Date: October 12, 2016

Before: Peters, P.J., McCarthy, Lynch, Rose and Mulvey, JJ.

__________

Victor P. Corso, Huntington, appellant pro se.

Eric T. Schneiderman, Attorney General, New York City (Gary

Leibowitz of counsel), for respondent.

__________

Mulvey, J.

Appeal from three decisions of the Unemployment Insurance

Appeal Board, filed May 28, 2015, which ruled, among other

things, that claimant was ineligible to receive unemployment

insurance benefits because he failed to comply with certification

and reporting requirements. 

Contrary to claimant's contention, substantial evidence

supports the decisions of the Unemployment Insurance Appeal Board

finding that claimant made willful false statements to obtain

unemployment insurance benefits. The record establishes that

claimant vacationed in Europe from September 5, 2014 until

September 22, 2014 and either attempted to, or in fact did,

certify for unemployment insurance benefits during that period. 

Although claimant had received a Department of Labor handbook, he

did not read it and failed to comply with the directives
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regarding travel outside the United States. Specifically, the

handbook states that a claimant who travels to a foreign country

other than Canada does not qualify for unemployment insurance

benefits unless such travel is to search for work. The handbook

specifically notes that "[c]laiming benefits while outside the

United States or Canada is considered fraud." The record also

reflects that, upon his initial attempt to certify for

unemployment insurance benefits while in Europe, claimant

disregarded a notification that appeared on his computer

informing him that he should not attempt to certify for benefits

because he was outside the United States. The following week,

claimant certified for unemployment insurance benefits using his

smartphone and international calling plan that circumvented that

notification. Furthermore, by certifying for unemployment

insurance benefits, claimant was attesting that he was ready,

willing and able to work, despite the fact that he was on

vacation in Europe.

Under these circumstances, we find no reason to disturb the

Board's factual conclusion that claimant made willful

misrepresentations to obtain benefits (see Matter of Inatomi

[Commissioner of Labor], 116 AD3d 1332, 1333 [2014]; Matter of

Kossarska-Goetz [Commissioner of Labor], 111 AD3d 1240, 1241

[2013]). We note that "neither claimant's failure to adequately

read the handbook nor the purportedly unintentional nature of his

misrepresentation is a valid defense" (Matter of Roberts

[Commissioner of Labor], 49 AD3d 1129, 1129-1130 [2008] [internal

citations omitted]). We have reviewed claimant's remaining

contentions, including that the forfeiture penalty was excessive,

and find them to be without merit.

Peters, P.J., McCarthy, Lynch and Rose, JJ., concur.
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ORDERED that the decisions are affirmed, without costs.

ENTER:

Robert D. Mayberger

Clerk of the Court