Legal Opinion

In re the Claim of Helm

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

Decided April 10, 2003PublishedCited by 4 opinions

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 17, 2001, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

Claimant, a heavy equipment operator, was employed by a contractor on a seasonal basis, receiving unemployment insurance benefits during the off-season months. In the mid-1990s, he also began to operate his own earth-moving and septic-system installation business, gradually purchasing the necessary heavy equipment (e.g., a dump truck, backhoe and bulldozer, tractor and…

2Cases cited5 opinions

  1. In re the Claim of JohnstonAppellate Division of the Supreme Court of the State of New York · 1998
  2. In re the Claim of SchenkerAppellate Division of the Supreme Court of the State of New York · 2001
  3. In re the Claim of BundschuhAppellate Division of the Supreme Court of the State of New York · 2001
  4. In re the Claim of GormanAppellate Division of the Supreme Court of the State of New York · 2001
  5. In re the Claim of KellyAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by4 opinions

  1. In re the Claim of RestivoAppellate Division of the Supreme Court of the State of New York · 2005
  2. In re the Claim of RolfeAppellate Division of the Supreme Court of the State of New York · 2004
  3. In re the Claim of RostolderAppellate Division of the Supreme Court of the State of New York · 2004
  4. In re the Claim of ButtAppellate Division of the Supreme Court of the State of New York · 2004

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