In re the Claim of Cumella

Appellate Division of the Supreme Court of New York

In re the Claim of Cumella

209 A.D.2d 747, 617 N.Y.S.2d 1009, 1994 N.Y. App. Div. LEXIS 10845

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

DecidedNovember 3, 1994

StatusPublished

Cited by1 cases

This text of 209 A.D.2d 747 (In re the Claim of Cumella) 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 Cumella, 209 A.D.2d 747, 617 N.Y.S.2d 1009, 1994 N.Y. App. Div. LEXIS 10845 (N.Y. Ct. App. 1994).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 10, 1993, which ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

The record contains substantial evidence to support the Board’s determination that claimant was not totally unemployed during the relevant time period. Although claimant had formally resigned as president and treasurer of his corporation, he nevertheless continued to perform numerous corporate activities that rendered him ineligible to receive benefits. For example, the corporate books, office furnishings and equipment were not moved from claimant’s home, the corporation did not change its mailing address and claimant’s authorization to sign corporate checks was not changed. Additionally, he continued to solicit business for the corporation. Under the circumstances, the Board’s decision should not be disturbed.

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

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—Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 10, 1993, which ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

The record contains substantial evidence to support the Board’s determination that claimant was not totally unemployed during the relevant time period. Although claimant had formally resigned as president and treasurer of his corporation, he nevertheless continued to perform numerous corporate activities that rendered him ineligible to receive benefits. For example, the corporate books, office furnishings and equipment were not moved from claimant’s home, the corporation did not change its mailing address and claimant’s authorization to sign corporate checks was not changed. Additionally, he continued to solicit business for the corporation. Under the circumstances, the Board’s decision should not be disturbed.

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

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Bluebook (online)

209 A.D.2d 747, 617 N.Y.S.2d 1009, 1994 N.Y. App. Div. LEXIS 10845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-cumella-nyappdiv-1994.

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