Legal Opinion

In re the Claim of Lynch

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

Decided November 6, 2003Published

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 6, 2002, which ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant’s activities on behalf of a friend’s business—which consisted of taking pictures of items, listing them with an Internet auction company, monitoring their status, collecting payments and shipping the item to the buyer—rendered claimant not totally unemployed (see Matter of…

2Cases cited3 opinions

  1. In re the Claim of VargasAppellate Division of the Supreme Court of the State of New York · 1999
  2. In re the Claim of Kingsley-AgurkisAppellate Division of the Supreme Court of the State of New York · 2000
  3. In re the Claim of O'BrienAppellate Division of the Supreme Court of the State of New York · 2001

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