In re Boris Khurgin

5 Citing cases

  1. Matter of Khurgin

    89 N.Y.2d 815 (N.Y. 1997)

    Decided May 6, 1997 Appeal from (3d Dept: 232 A.D.2d 707) MOTIONS FOR LEAVE TO APPEAL GRANTED OR DENIED

  2. In re Bessy

    57 A.D.3d 1048 (N.Y. App. Div. 2008)   Cited 3 times

    Claimant appeals. "[A]ctivities performed in connection with starting a new business have rendered claimants ineligible to receive unemployment insurance benefits based upon a lack of total unemployment" ( Matter of Nigro [Commissioner of Labor], 47 AD3d 1040, 1041), even where the business has been unprofitable ( see e.g. Matter of Donaghy [Commissioner of Labor], 264 AD2d 883; Matter of Khurgin [Sweeney], 232 AD2d 707). The key consideration has been whether the claimant stood to benefit financially from the continued operation of the business ( see Matter of Nigro [Commissioner of Labor], 47 AD3d at 1041-1042; Matter of Easdon-Smith [Commissioner of Labor], 41 AD3d 1084, 1084).

  3. Matter of Kim

    253 A.D.2d 966 (N.Y. App. Div. 1998)

    While he was receiving benefits, claimant filed a certificate of incorporation naming himself vice-president and 50% shareholder in the corporation, filed corporate tax returns and solicited loans in an effort to obtain the funds necessary to establish a bank account for business transactions. These activities are sufficient to constitute employment, notwithstanding that they were performed at a time when the corporation was inactive and not profitable ( see, Matter of Fitton [Sweeney], 239 A.D.2d 723; Matter of Khurgin [Sweeney], 232 A.D.2d 707, lv denied 89 N.Y.2d 815). Furthermore, given claimant's failure to report these activities to the local unemployment office, substantial evidence supports the Board's finding that claimant made willful false statements to obtain benefits ( see, Matter of Quarantillo [Sweeney], 226 A.D.2d 877). We have reviewed claimant's remaining contentions and find them to be without merit.

  4. Matter of Fitton

    239 A.D.2d 723 (N.Y. App. Div. 1997)   Cited 3 times

    Unemployment benefits are not payable unless a claimant is totally unemployed; meaning a total lack of any employment on any day, the term employment encompasses any employment including that not defined in the statute ( see, Labor Law ยงยง 522, 591). Generally, corporate officers are deemed not totally unemployed when they engage in activities on behalf of the corporation from which they stand to gain financially, notwithstanding the fact that the corporation is inactive and not profitable ( see, Matter of Khurgin [Sweeney], 232 A.D.2d 707, 707-708; Matter of Firsching [Hudacs], 192 A.D.2d 1011). Here, claimant testified that her business activities on behalf of Angelica included updating brochures, attendance at nurses' meetings and telephone negotiations with the Department of Health regarding Angelica's license.

  5. Matter of Roland

    239 A.D.2d 694 (N.Y. App. Div. 1997)   Cited 1 times

    The Board also charged claimant with a recoverable overpayment of benefits and reduced his right to future benefits due to willful false statements regarding his unemployment status. Notwithstanding the fact that claimant did not videotape any weddings or receive any remuneration from the business during the period, given his activities on behalf of his business we conclude that substantial evidence supports the Board's decision ( see, Matter of Khurgin [Sweeney], 232 A.D.2d 707; Matter of Quarantillo [Sweeney], 226 A.D.2d 877). The fact that claimant's business activities were minimal and unprofitable does not preclude a finding that claimant was not totally unemployed ( see, Matter of Monro [Sweeney], 235 A.D.2d 885). Furthermore, the Board's finding that claimant made willful false statements is supported by substantial evidence, especially in light of the fact that claimant represented that he was not active in his videotaping business and acknowledged that all services rendered, whether paid or unpaid, were required to be reported ( see, Matter of Gross [Hudacs], 195 A.D.2d 742). Claimant's remaining contentions have been reviewed and found to be unpersuasive. Cardona, P.J., Crew III, White, Yesawich Jr. and Peters, JJ., concur.