Opinion
September 26, 1991
Appeal from the Unemployment Insurance Appeal Board.
Claimant was president and 50% owner of a corporation. He admitted that, during the claim period, the corporation continued to maintain a bank account upon which checks were drawn by claimant and also continued to pay for claimant's health insurance. In addition, claimant received money from the corporation, which he claimed was reimbursement, and participated in efforts to sell the corporation's equipment. These activities, including those done in connection with the closing down of the business, are sufficient to support the conclusion that claimant was not totally unemployed (see, Matter of St. Germain [Ross], 78 A.D.2d 565; Matter of Lieberman [Esmarco Contrs. — Catherwood], 20 A.D.2d 835; see also, Matter of Reitman [Catherwood], 27 A.D.2d 678). There is also substantial evidence to support the finding that claimant failed to diligently search for work (see, Matter of Imperato [Levine], 50 A.D.2d 1014; Matter of Gross [Levine], 50 A.D.2d 1003) and to comply with certain reporting requirements (see, Matter of Howard [Levine], 43 A.D.2d 52, 54).
Mahoney, P.J., Casey, Mikoll, Levine and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.