In re the Claim of Emanuel

Appellate Division of the Supreme Court of New York

In re the Claim of Emanuel

29 A.D.2d 798, 287 N.Y.S.2d 128, 1968 N.Y. App. Div. LEXIS 4629

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

DecidedFebruary 16, 1968

StatusPublished

This text of 29 A.D.2d 798 (In re the Claim of Emanuel) 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 Emanuel, 29 A.D.2d 798, 287 N.Y.S.2d 128, 1968 N.Y. App. Div. LEXIS 4629 (N.Y. Ct. App. 1968).

Pincite

Opinion

Aulisi, J.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 5, 1967, which held that claimant was not totally unemployed (Labor Law, § 522) and that he was overpaid $630 in benefits ruled to be recoverable. Claimant, an artist, teaches two days and one night a week at an art school from September to May. During the Summer months and when he is not teaching, claimant devotes a good deal of time each day doing painting or sculpturing in his studio at home. He has exhibited his work on several occasions, has spent time trying to sell his work and has been commissioned to do two paintings for which he received $500 each. He said that in 1965 he made about $1,500 in his own work. The board could, therefore, properly find that claimant was self-employed and not totally unemployed. There is substantial evidence in the record to support the determination of the board and we may not disturb it (Labor Law, § 623; see Matter of Carasso [Gather-wood], 23 A D 2d 935; Matter of Gershuny [Catherwood], 26 A D 2d 865; Matter of Jordal [Catherwood], 28 A D 2d 745; Matter of Saffioti [Cather-wood], 28 A D 2d 1013; Matter of Czagany [Catherwood], 28 A D 2d 1049). Decision affirmed, without costs. Gibson, P. J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur in memorandum by Aulisi, J.

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

Aulisi, J.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 5, 1967, which held that claimant was not totally unemployed (Labor Law, § 522) and that he was overpaid $630 in benefits ruled to be recoverable. Claimant, an artist, teaches two days and one night a week at an art school from September to May. During the Summer months and when he is not teaching, claimant devotes a good deal of time each day doing painting or sculpturing in his studio at home. He has exhibited his work on several occasions, has spent time trying to sell his work and has been commissioned to do two paintings for which he received $500 each. He said that in 1965 he made about $1,500 in his own work. The board could, therefore, properly find that claimant was self-employed and not totally unemployed. There is substantial evidence in the record to support the determination of the board and we may not disturb it (Labor Law, § 623; see Matter of Carasso [Gather-wood], 23 A D 2d 935; Matter of Gershuny [Catherwood], 26 A D 2d 865; Matter of Jordal [Catherwood], 28 A D 2d 745; Matter of Saffioti [Cather-wood], 28 A D 2d 1013; Matter of Czagany [Catherwood], 28 A D 2d 1049). Decision affirmed, without costs. Gibson, P. J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur in memorandum by Aulisi, J.

Cite This Page — Counsel Stack

Bluebook (online)

29 A.D.2d 798, 287 N.Y.S.2d 128, 1968 N.Y. App. Div. LEXIS 4629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-emanuel-nyappdiv-1968.