Opinion
June 19, 1967
Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board holding him ineligible to receive benefits effective August 17, 1964 on the ground that he was not totally unemployed and charging him with an overpayment of $125 in benefits ruled to be nonrecoverable. Claimant, a spot welder, was laid off on August 14, 1964 and thereafter filed for benefits for various periods asserting total unemployment. However, since 1957 claimant and his wife had owned a dairy farm in which claimant had a considerable monetary investment and toward the operation of which claimant admitedly rendered substantial services daily. Thus the board could properly find that claimant was self-employed and therefore not totally unemployed ( Matter of Soroka [ Catherwood], 24 A.D.2d 920; Matter of Carasso [ Catherwood], 23 A.D.2d 935; Matter of Schreiber [ Lubin], 5 A.D.2d 745). Decision affirmed, without costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur in memorandum by Reynolds, J.