In re the Claim of Arseneau

Appellate Division of the Supreme Court of New York

In re the Claim of Arseneau

217 A.D.2d 876, 629 N.Y.S.2d 550, 1995 N.Y. App. Div. LEXIS 8140

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

DecidedJuly 27, 1995

StatusPublished

Cited by2 cases

This text of 217 A.D.2d 876 (In re the Claim of Arseneau) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim of Arseneau, 217 A.D.2d 876, 629 N.Y.S.2d 550, 1995 N.Y. App. Div. LEXIS 8140 (N.Y. Ct. App. 1995).

Pincite

Opinion

Spain, J.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 28, 1994, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

The record is replete with evidence, submitted by claimant himself, that he commenced preliminary business activities on February 24, 1993 (including, but not limited to, application for incorporation of a business in Delaware; application for a certificate of authority to conduct business as a corporation in New York, purchase of computer equipment, application for a private investigator’s license, and a mass solicitation mailing), which clearly serves as substantial evidence in support of the Unemployment Insurance Appeal Board’s conclusion that claimant was not totally unemployed (see, Matter of Egbuna [Hudacs], 198 AD2d 577, 578; Matter of Shagam [Hartnett], 168 AD2d 729). Claimant’s business activities were in furtherance of a well-devised plan which was intended to produce income. Further more, the overpayments made to claimant were properly recoverable under Labor Law § 597 (4) (see, Matter of Box [Hartnett], 168 AD2d 729, 730).

Mercure, J. P., Crew III, Casey and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

Spain, J.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 28, 1994, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

The record is replete with evidence, submitted by claimant himself, that he commenced preliminary business activities on February 24, 1993 (including, but not limited to, application for incorporation of a business in Delaware; application for a certificate of authority to conduct business as a corporation in New York, purchase of computer equipment, application for a private investigator’s license, and a mass solicitation mailing), which clearly serves as substantial evidence in support of the Unemployment Insurance Appeal Board’s conclusion that claimant was not totally unemployed (see, Matter of Egbuna [Hudacs], 198 AD2d 577, 578; Matter of Shagam [Hartnett], 168 AD2d 729). Claimant’s business activities were in furtherance of a well-devised plan which was intended to produce income. Further more, the overpayments made to claimant were properly recoverable under Labor Law § 597 (4) (see, Matter of Box [Hartnett], 168 AD2d 729, 730).

Mercure, J. P., Crew III, Casey and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

217 A.D.2d 876, 629 N.Y.S.2d 550, 1995 N.Y. App. Div. LEXIS 8140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-arseneau-nyappdiv-1995.

Opinion

Related

Cite This Page — Counsel Stack