Legal Opinion

In re the Claim of De Martino

Appellate Division of the Supreme Court of the State of New York

Decided October 1, 1992PublishedCited by 4 opinions

1Opinion of the Court

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 27, 1992, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because she was not totally unemployed.

*855There is substantial evidence to support the conclusion that, during the period that claimant was collecting unemployment insurance benefits, she was not totally unemployed as she was an officer and shareholder of an ongoing corporation for which she signed most of the checks (see, Matter of Gonyo [Roberts], 124 AD2d 884; Matter of St. Germain [Ross], 78 AD2d 565). On…

2Cases cited5 opinions

  1. In re the Claim of MullerAppellate Division of the Supreme Court of the State of New York · 1975
  2. In re the Claim of BarberAppellate Division of the Supreme Court of the State of New York · 1986
  3. In re the Claim of Ernest D.Appellate Division of the Supreme Court of the State of New York · 1980
  4. In re the Claim of HasdayAppellate Division of the Supreme Court of the State of New York · 1976
  5. In re the Claim of GonyoAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by4 opinions

  1. In re the Claim of BrookeAppellate Division of the Supreme Court of the State of New York · 1998
  2. In re the Claim of SchmidtAppellate Division of the Supreme Court of the State of New York · 2004
  3. In re the Claim of GaulandAppellate Division of the Supreme Court of the State of New York · 1996
  4. In re the Claim of BaglieriAppellate Division of the Supreme Court of the State of New York · 1998

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