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Matter of Loeber

Appellate Division of the Supreme Court of New York, Third Department
Jan 8, 1976
51 A.D.2d 606 (N.Y. App. Div. 1976)

Opinion

January 8, 1976


Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 4, 1975, which held claimant ineligible to receive benefits because he was not totally unemployed (Labor Law, §§ 522, 591, subd 1). The question of total unemployment is factual and thus within the sole province of the board if its decision is supported by substantial evidence (Matter of Baxter [Levine], 50 A.D.2d 642; Matter of Schatzberg [Catherwood], 32 A.D.2d 710). In the instant case the record reveals that claimant, a licensed plumber, was the owner of 51% of the stock in a plumbing business, his wife held the remaining stock, and that during the period in question he continued to solicit business for the corporation and in fact spent three to five hours on three to five days a week at the corporation office toward such end. Such activities could clearly be found to constitute employment within the meaning of the law (e.g. Matter of Reitman [Catherwood], 27 A.D.2d 678). The fact that the business may have made no profit during the period in issue is not controlling (Matter of Schneider [Levine], 50 A.D.2d 631; Matter of Scheer [Catherwood], 33 A.D.2d 1063). Accordingly, the board could properly conclude that claimant was not totally unemployed during the period in issue (e.g. Matter of Wersba [Catherwood], 27 A.D.2d 890; Matter of Vasquenz [Catherwood], 26 A.D.2d 859). Decision affirmed, without costs. Greenblott, J.P., Sweeney, Main, Larkin and Reynolds, JJ., concur.


Summaries of

Matter of Loeber

Appellate Division of the Supreme Court of New York, Third Department
Jan 8, 1976
51 A.D.2d 606 (N.Y. App. Div. 1976)
Case details for

Matter of Loeber

Case Details

Full title:In the Matter of the Claim of NORMAN LOEBER, Appellant. LOUIS L. LEVINE…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 8, 1976

Citations

51 A.D.2d 606 (N.Y. App. Div. 1976)

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