From Casetext: Smarter Legal Research

In the Matter of Claim of Standig

Appellate Division of the Supreme Court of New York, Third Department
Jan 29, 2004
3 A.D.3d 828 (N.Y. App. Div. 2004)

Opinion

94383.

Decided and Entered: January 29, 2004.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 8, 2002, which, upon reconsideration, adhered to its prior decision ruling that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

David L. Standig, Selkirk, appellant pro se.

Eliot Spitzer, Attorney General, New York City (Steven Segall of counsel), for respondent.

Before: Mercure, J.P., Crew III, Peters, Spain and Rose, JJ.


MEMORANDUM AND ORDER

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed. The record establishes that claimant and a friend incorporated a business for the purpose of establishing an online information brokerage system, agreed on the division of stock and invested money for business expenditures. To that end, claimant, who was listed as chief financial officer on the corporate business cards, testified that his activities on behalf of the corporation consisted of seeking funding through making presentations, searching Web sites, contacting prospective investors and recently obtaining a marketing research study. Claimant admitted that such activities were focused on future income or profit once funding was obtained. Notwithstanding claimant's assertion that the business is not operational, substantial evidence supports the finding of the Administrative Law Judge, adopted by the Board, that "claimant's activities have surpassed those inherent to merely exploring the feasibility of establishing a business." As claimant's "activities were in furtherance of a plan which was intended to produce income" (Matter of Savage [Commissioner of Labor], 253 A.D.2d 924, 924), their current or ultimate profitability is not determinative. Thus, we find no reason to disturb the Board's decision (see Matter of Franke [Commissioner of Labor], 305 A.D.2d 919; Matter of Sichel [Commissioner of Labor], 301 A.D.2d 771). Furthermore, even if the Administrative Law Judge should have received into evidence claimant's tax return and work search logs, any error in that regard was harmless inasmuch as the content of the documents was not in dispute (see Matter of Williams [Commissioner of Labor], 262 A.D.2d 903, 904).

Mercure, J.P., Crew III, Peters, Spain and Rose, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

In the Matter of Claim of Standig

Appellate Division of the Supreme Court of New York, Third Department
Jan 29, 2004
3 A.D.3d 828 (N.Y. App. Div. 2004)
Case details for

In the Matter of Claim of Standig

Case Details

Full title:IN THE MATTER OF THE CLAIM OF DAVID L. STANDIG, Appellant. COMMISSIONER OF…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 29, 2004

Citations

3 A.D.3d 828 (N.Y. App. Div. 2004)
771 N.Y.S.2d 260

Citing Cases

In the Matter of Robinson

Claimant is looking to expand the business, possibly by opening a small store, and intends to claim any net…

In the Matter of Anderson

g employment, particularly as claimant did not notify her supervisors of these concerns (see Matter of Weaver…