Opinion
October 1, 1992
Appeal from the Unemployment Insurance Appeal Board.
There is substantial evidence to support the conclusion that, during the period that claimant was collecting unemployment insurance benefits, she was not totally unemployed as she was an officer and shareholder of an ongoing corporation for which she signed most of the checks (see, Matter of Gonyo [Roberts], 124 A.D.2d 884; Matter of St. Germain [Ross], 78 A.D.2d 565). On the corporate tax return for the year 1990, claimant was listed as the only officer. In addition, claimant received rent for the use of her home as the corporation's place of business. Therefore, although claimant made little or no money and the business may not have been doing well, these facts are not controlling as claimant nonetheless stood to gain financially (see, Matter of DeVivo [Levine], 51 A.D.2d 619; Matter of Muller [Levine], 50 A.D.2d 1005, lv denied 40 N.Y.2d 806). Finally, the unemployment insurance benefits that claimant received were properly held recoverable (see, Labor Law § 597; Matter of Barber [Roberts], 121 A.D.2d 767).
Weiss, P.J., Levine, Mercure, Mahoney and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.