In re the Claim of Utter

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 25, 1975, which reversed the decision of a referee and sustained the initial determination of the Industrial Commissioner holding the claimant ineligible for benefits upon the ground that he was not totally unemployed during the period in issue. Claimant is employed by a private school for mentally retarded children and young adults. While paid an annual salary over a 12-month period, claimant is not required to work a good portion of July and August. In the summer of 1974 claimant finished his duties in early July…