Legal Opinion
In re of the Claim of Davis
Appellate Division of the Supreme Court of the State of New York
Decided April 11, 2008PublishedCited by 2 opinions
1Opinion of the Court
Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 2, 2007, which, among other things, ruled *1282that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.
A claimant who performs activities on behalf of a business, even if such activities are minimal and do not generate income, will not be considered totally unemployed, “ ‘provided that the claimant stands to benefit financially from the continued existence of the business’ ” (Matter of Siegel [Commissioner of Labor], 43 AD3d 1224, 1224-1225 [2007], quoting Matter of…
2Cases cited6 opinions
- In re the Claim of SiegelAppellate Division of the Supreme Court of the State of New York · 2007
- In re the Claim of RaspalloAppellate Division of the Supreme Court of the State of New York · 2004
- In re Claim of SwanAppellate Division of the Supreme Court of the State of New York · 2007
- In re the Claim of IbrahimAppellate Division of the Supreme Court of the State of New York · 2007
- In re the Claim of BotheAppellate Division of the Supreme Court of the State of New York · 2004
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Matter of Pasinski (Commr. of Labor)Appellate Division of the Supreme Court of the State of New York · 2016
- In re the Claim of WinstonAppellate Division of the Supreme Court of the State of New York · 2011