NEW YORK STATE DEPARTMENT OF LABOR
ADMINISTRATIVE LAW JUDGE SECTION
In the Matter of the Liability for
Unemployment Insurance Contributions
Under Article 18 of the Labor Law of:
Claimant – Respondent,
NYS ARC, DC CHAPTER,
Employer – Appellant.
Commissioner of Labor
Social Security No.: 070-68-8173
Case No.: 102-2084-0001
Appeal Board No.: 505585
Date of Hearing: April 22, 2002
Place of Hearing: Poughkeepsie, New York
Before: Tracy Roberts
Administrative Law Judge
Transcribed by: Joann McDonnell
: Jennifer Papula
Emp.: NYS Arc, DC Chapter
Emp. By: Terry Temple, H.R. Dir.
Wit.: Joanne Rohrssen, Witness
Maureen Gallagher, Witness
THE MECHANICAL SECRETARY
108-16 72nd Avenue
Forest Hills, New York 11375
ALJ MEYER: Testing one two testing
testing. Okay we are on the record in ALJ case number 302-01153. Todays date is the second of May 2001 or 2002 rather. This hearing was scheduled for eleven oclock but it is about eleven forty five now and we are going to go ahead with the hearing. It was scheduled before Judge Parker but he is involved in a lengthy hearing right now we are going to just go ahead with this hearing.
Present in the hearing room is the claimant Maxine M. Walter and for Hamburg Country Store your name please?
MS. POLITI: Bonnie Politi.
ALJ MEYER: P o l i t i?
MS. POLITI: Yes.
ALJ MEYER: Okay and you are the
ALJ MEYER: Okay and also present in
the hearing room for the Department of Labor is?
MR. REISCH: William Reisch R e i s c
h and I am a Senior Unemployment Insurance Hearing Representative representing the Commissioner of Labor.
ALJ MEYER: Okay and my name is Susan
Meyer I am the Administrative Law Judge who is now designated to conduct this hearing. I am independent and I am impartial and I have no connection with the Commissioner of Labors office that issued the initial determination in this case. There are three initial determinations.
The first one is you are not totally unemployed you are ineligible for unemployment insurance benefits for the period and reason indicated below beginning 10/23 2000 through 4/29 2001 you were not totally unemployed. This determination is based on the following you performed substantial services for your craft business by selling buying and creating crafts. There was also a determination of over payment in the amount of ten thousand three hundred and twenty three dollars and it reads as follows as a result of the above determination meaning the determination of not totally unemployed you have been overpaid ten thousand three hundred twenty three dollars the benefits paid for weeks after 5/17/98 are recoverable because of the reasons shown below and because you made factually false statements that you did not work. Now here is a notice of determination of wilful false statements there is a number there are a number of dates listed on that determination beginning November 5th 2000 and going through April 29th 2001. And the text of that initial determination reads as follows you wilfully made false statements to obtain benefits therefor your right to further benefits between now and 4/28/03 when this penalty expires is reduced by two hundred twelve effective days. This penalty is imposed because you falsely certified that you did not work in employment or self employment when you knew that you had worked.
Now Ms. Walters did you receive copies of those determinations?
MS. WALTER: Yes I did.
ALJ MEYER: Okay and those are the
determinations that you requested a hearing on is that correct?
MS. WALTER: Yes maam.
ALJ MEYER: Okay let me explain to
you all how the hearing will be conducted.
All testimony will be taken under oath. First I am going to give Mr. Reisch an opportunity to make an opening statement if he has one and then I am going to swear you in Ms. Walter and take your testimony and Mr. Reisch and Ms. Politi will be given the opportunity to cross examine you if they have any questions for you.
Then I am going to swear in Ms. Politi and take your testimony and then Mr. Reisch and Ms. Walter will be given the opportunity to cross examine you if they have any questions for you. If any of you have any witnesses or documents that you want to present .