Opinion
April 29, 1993
Appeal from the Unemployment Insurance Appeal Board.
Claimant was the principal shareholder and president of a welding business that he started in 1989. Claimant admitted that during the relevant time periods, he handed out business cards whenever he had the opportunity in an effort to develop new business, continued to maintain a corporate bank account, upon which he drew checks for the business, and filed corporate tax returns. These activities provide substantial evidence to support the conclusion by the Unemployment Insurance Appeal Board that the corporation was "alive" and that, based upon claimant's conduct and status as a corporate officer, he was not totally unemployed (see, Matter of Kaufman [Hartnett], 178 A.D.2d 882; Matter of St. Germain [Ross], 78 A.D.2d 565). The fact that the corporation may have operated at a loss is not conclusive (see, Matter of Scheer [Catherwood], 33 A.D.2d 1063). Claimant stood to gain financially from the efforts he expended on behalf of the corporation (see, Matter of DeVivo [Levine], 51 A.D.2d 619). Claimant's remaining arguments have been considered and rejected for lack of merit.
Weiss, P.J., Levine, Crew III and Mahoney, JJ., concur. Ordered that the decision is affirmed, without costs.