In re the Claim of Gauland

Appellate Division of the Supreme Court of New York

In re the Claim of Gauland

223 A.D.2d 805, 635 N.Y.S.2d 362, 1996 N.Y. App. Div. LEXIS 4

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

DecidedJanuary 4, 1996

StatusPublished

Cited by3 cases

This text of 223 A.D.2d 805 (In re the Claim of Gauland) 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 Gauland, 223 A.D.2d 805, 635 N.Y.S.2d 362, 1996 N.Y. App. Div. LEXIS 4 (N.Y. Ct. App. 1996).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 2, 1994, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

While receiving unemployment insurance benefits, claimant, a shareholder and officer of two corporations operated by his wife, prepared three checks for one corporation. The Board found him ineligible to receive unemployment insurance benefits because he was not totally unemployed and charged him with a recoverable overpayment. Even though claimant did not actively participate in the corporations nor receive income from them, we find there is substantial evidence supporting the Board’s decision since, as a shareholder, claimant stood to gain financially if the corporations made a profit (see, Matter of Rance [Hudacs], 196 AD2d 930; Matter of De Martino [Hudacs], 186 AD2d 854; Matter of St. Germain [Ross], 78 AD2d 565).

Mikoll, J. P., Crew III, White, Yesawich Jr. and Spain, JJ., concur. Ordered that the decision is affirmed.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 2, 1994, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

While receiving unemployment insurance benefits, claimant, a shareholder and officer of two corporations operated by his wife, prepared three checks for one corporation. The Board found him ineligible to receive unemployment insurance benefits because he was not totally unemployed and charged him with a recoverable overpayment. Even though claimant did not actively participate in the corporations nor receive income from them, we find there is substantial evidence supporting the Board’s decision since, as a shareholder, claimant stood to gain financially if the corporations made a profit (see, Matter of Rance [Hudacs], 196 AD2d 930; Matter of De Martino [Hudacs], 186 AD2d 854; Matter of St. Germain [Ross], 78 AD2d 565).

Mikoll, J. P., Crew III, White, Yesawich Jr. and Spain, JJ., concur. Ordered that the decision is affirmed.

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Bluebook (online)

223 A.D.2d 805, 635 N.Y.S.2d 362, 1996 N.Y. App. Div. LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-gauland-nyappdiv-1996.

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