In re the Claim of Loeber

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 4, 1975, which held claimant ineligible to receive benefits because he was not totally unemployed (Labor Law, §§ 522, 591, subd 1). The question of total unemployment is factual and thus within the sole province of the board if its decision is supported by substantial evidence (Matter of Baxter [Levine], 50 AD2d 642; Matter of Schatzberg [Catherwood], 32 AD2d 710). In the instant case the record reveals that claimant, a licensed plumber, was the owner of 51% of the stock in a plumbing business, his wife held…