In re the Claim of Emery

This case presents the question of whether one who devotes substantially his full time to a business of which he is one of the owners, while awaiting recall to an outside employment in which he was formerly engaged, is “ unem*427ployed ” within the meaning of the Unemployment Insurance Law (Labor Law, art. 18) and is eligible for benefits thereunder. In the absence of any statutory provisions giving a special meaning to the words used, a negative answer would seem to be obvious. One who is “ self-employed ” is not “ unemployed ”.

The appellant’s argument to the contrary rests solely upon the…