In re the Claim of Kesenci

Appellate Division of the Supreme Court of New York

In re the Claim of Kesenci

293 A.D.2d 803, 739 N.Y.S.2d 495, 2002 N.Y. App. Div. LEXIS 3421

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

DecidedApril 4, 2002

StatusPublished

Cited by2 cases

This text of 293 A.D.2d 803 (In re the Claim of Kesenci) 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 Kesenci, 293 A.D.2d 803, 739 N.Y.S.2d 495, 2002 N.Y. App. Div. LEXIS 3421 (N.Y. Ct. App. 2002).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 31, 2001, which ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

At the time when claimant applied for unemployment insurance benefits he was operating a business, Sample Finders Music, Inc., which he co-owned. In furtherance of this endeavor, claimant had established a business checking account and a business telephone with voice mail, which he checked on a daily basis. In addition, he posted letters on the business’s stationery, wrote checks on its bank account and made business-related telephone calls. Based upon these activities, the Unemployment Insurance Appeal Board determined that claimant was ineligible to receive unemployment insurance benefits, because he was not totally unemployed.

We affirm. This Court has held that the principal of an active business may be found ineligible for benefits even in cases where the business-related activities are both minimal and unprofitable (see, Matter of Singh [Commissioner of Labor], 273 AD2d 765; Matter of Blackmore [Commissioner of Labor], 250 AD2d 902). Substantial evidence supports the decision finding that claimant was not totally unemployed at the time he applied for benefits.

Mercure, J.P., Crew III, Peters, Spain and Carpinello, 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 May 31, 2001, which ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

At the time when claimant applied for unemployment insurance benefits he was operating a business, Sample Finders Music, Inc., which he co-owned. In furtherance of this endeavor, claimant had established a business checking account and a business telephone with voice mail, which he checked on a daily basis. In addition, he posted letters on the business’s stationery, wrote checks on its bank account and made business-related telephone calls. Based upon these activities, the Unemployment Insurance Appeal Board determined that claimant was ineligible to receive unemployment insurance benefits, because he was not totally unemployed.

We affirm. This Court has held that the principal of an active business may be found ineligible for benefits even in cases where the business-related activities are both minimal and unprofitable (see, Matter of Singh [Commissioner of Labor], 273 AD2d 765; Matter of Blackmore [Commissioner of Labor], 250 AD2d 902). Substantial evidence supports the decision finding that claimant was not totally unemployed at the time he applied for benefits.

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

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Bluebook (online)

293 A.D.2d 803, 739 N.Y.S.2d 495, 2002 N.Y. App. Div. LEXIS 3421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-kesenci-nyappdiv-2002.

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