Opinion
January 4, 1996
Appeal from the Unemployment Insurance Appeal Board.
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 A.D.2d 930; Matter of De Martino [Hudacs], 186 A.D.2d 854; Matter of St. Germain [Ross], 78 A.D.2d 565).
Mikoll, J.P., Crew III, White, Yesawich Jr. and Spain, JJ., concur. Ordered that the decision is affirmed.