Opinion
July 27, 1995
Appeal from the Unemployment Insurance Appeal Board.
The record is replete with evidence, submitted by claimant himself, that he commenced preliminary business activities on February 24, 1993 (including, but not limited to, application for incorporation of a business in Delaware; application for a certificate of authority to conduct business as a corporation in New York, purchase of computer equipment, application for a private investigator's license, and a mass solicitation mailing), which clearly serves as substantial evidence in support of the Unemployment Insurance Appeal Board's conclusion that claimant was not totally unemployed ( see, Matter of Egbuna [Hudacs], 198 A.D.2d 577, 578; Matter of Shagam [Hartnett], 168 A.D.2d 729). Claimant's business activities were in furtherance of a well-devised plan which was intended to produce income. Further more, the overpayments made to claimant were properly recoverable under Labor Law § 597 (4) ( see, Matter of Box [Hartnett], 168 A.D.2d 729, 730).
Mercure, J.P., Crew III, Casey and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without costs.