In re the Claim of Brandau

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 18, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits effective August 11, 1975 because he was not totally unemployed. The question of whether or not a person is totally unemployed is factual and, hence, within the sole province of the board, so long as its decision is supported by substantial evidence (Matter of Schatzberg [Catherwood], 32 AD2d 710). Here, claimant was the 100% owner of the stock of a…