In re the Claim of Wodzynski

Appellate Division of the Supreme Court of New York

In re the Claim of Wodzynski

51 A.D.2d 815, 379 N.Y.S.2d 526, 1976 N.Y. App. Div. LEXIS 11408

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

DecidedFebruary 5, 1976

StatusPublished

Cited by1 cases

This text of 51 A.D.2d 815 (In re the Claim of Wodzynski) 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 Wodzynski, 51 A.D.2d 815, 379 N.Y.S.2d 526, 1976 N.Y. App. Div. LEXIS 11408 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 30, 1975, which affirmed the decision of a referee sustaining an initial determination of the industrial commissioner holding claimant ineligible to receive benefits because he was not totally unemployed. The issue of total unemployment is a question of fact within the province of the board and its decision must be upheld if it is supported by substantial evidence (e.g. Matter of Newman [Catherwood], 24 AD2d 1042). Here, the board has found that claimant, the president and sole stockholder of a corporation, was not totally unemployed during the period at issue in that he was actively engaged in various activities connected with winding up the affairs of the corporation. The record supports this determination and it must, accordingly, be affirmed (Matter of Lieberman [Esmarco Contrs.—Catherwood] 20 AD2d 835). Decision affirmed, without costs. Koreman, P. J., Greenblott, Main, Herlihy and Reynolds, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 30, 1975, which affirmed the decision of a referee sustaining an initial determination of the industrial commissioner holding claimant ineligible to receive benefits because he was not totally unemployed. The issue of total unemployment is a question of fact within the province of the board and its decision must be upheld if it is supported by substantial evidence (e.g. Matter of Newman [Catherwood], 24 AD2d 1042). Here, the board has found that claimant, the president and sole stockholder of a corporation, was not totally unemployed during the period at issue in that he was actively engaged in various activities connected with winding up the affairs of the corporation. The record supports this determination and it must, accordingly, be affirmed (Matter of Lieberman [Esmarco Contrs.—Catherwood] 20 AD2d 835). Decision affirmed, without costs. Koreman, P. J., Greenblott, Main, Herlihy and Reynolds, JJ., concur.

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Bluebook (online)

51 A.D.2d 815, 379 N.Y.S.2d 526, 1976 N.Y. App. Div. LEXIS 11408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-wodzynski-nyappdiv-1976.

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