In re the Claim of Lambert

Appellate Division of the Supreme Court of New York

In re the Claim of Lambert

1 A.D.2d 722, 146 N.Y.S.2d 869, 1955 N.Y. App. Div. LEXIS 3741

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

DecidedDecember 23, 1955

StatusPublished

This text of 1 A.D.2d 722 (In re the Claim of Lambert) 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 Lambert, 1 A.D.2d 722, 146 N.Y.S.2d 869, 1955 N.Y. App. Div. LEXIS 3741 (N.Y. Ct. App. 1955).

Pincite

Opinion

Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board, which held the claimant to be ineligible to receive benefits for a period commencing October 18, 1954, on the ground that the appellant was not totally unemployed during that period. It appears that the appellant, while seeking work as a secretary and stenographer, accepted temporary employment on a commission basis as a saleswoman for a paper box company. She was to receive 6% commission on all sales consummated but she did not have an expense or drawing account. She actively engaged in soliciting orders several hours a day by personal calls, by telephone calls and by letter. During the period in question, she succeeded in obtaining only one order upon which she earned a commission of $70.93. The board correctly held that the appellant was not totally unemployed during the period during which she was engaged as a saleswoman on a commission basis. Decision of the Unemployment Insurance Appeal Board unanimously affirmed, without costs. Present — Foster, P. J., Bergan, Coon, Halpern and Zeller, JJ.

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Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board, which held the claimant to be ineligible to receive benefits for a period commencing October 18, 1954, on the ground that the appellant was not totally unemployed during that period. It appears that the appellant, while seeking work as a secretary and stenographer, accepted temporary employment on a commission basis as a saleswoman for a paper box company. She was to receive 6% commission on all sales consummated but she did not have an expense or drawing account. She actively engaged in soliciting orders several hours a day by personal calls, by telephone calls and by letter. During the period in question, she succeeded in obtaining only one order upon which she earned a commission of $70.93. The board correctly held that the appellant was not totally unemployed during the period during which she was engaged as a saleswoman on a commission basis. Decision of the Unemployment Insurance Appeal Board unanimously affirmed, without costs. Present — Foster, P. J., Bergan, Coon, Halpern and Zeller, JJ.

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Bluebook (online)

1 A.D.2d 722, 146 N.Y.S.2d 869, 1955 N.Y. App. Div. LEXIS 3741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-lambert-nyappdiv-1955.