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Matter of Gottwald

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 1995
216 A.D.2d 623 (N.Y. App. Div. 1995)

Opinion

June 1, 1995

Appeal from the Unemployment Insurance Appeal Board.


Claimant, a former hotel marketing director, was found ineligible to receive unemployment insurance benefits because of activities he engaged in on behalf of his own business. The record reveals that claimant, among other things, incorporated his own marketing consulting firm, established a corporate bank account, deposited money into the corporate bank account, purchased and distributed business cards and filed a corporate tax return. Notwithstanding the fact that the corporation evidently was not profitable, these activities provided substantial evidence supporting the Board's determination that claimant was not totally unemployed. Moreover, because these activities took place while claimant was collecting benefits, substantial evidence also supports the Board's finding that claimant wilfully made false statements to obtain benefits.

Mikoll, J.P., Crew III, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Gottwald

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 1995
216 A.D.2d 623 (N.Y. App. Div. 1995)
Case details for

Matter of Gottwald

Case Details

Full title:In the Matter of the Claim of PAUL M. GOTTWALD, Appellant. JOHN E…

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

Date published: Jun 1, 1995

Citations

216 A.D.2d 623 (N.Y. App. Div. 1995)
627 N.Y.S.2d 478

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