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Matter of Schmerzler

Appellate Division of the Supreme Court of New York, Third Department
Apr 11, 1996
226 A.D.2d 853 (N.Y. App. Div. 1996)

Opinion

April 11, 1996

Appeal from the Unemployment Insurance Appeal Board.


While collecting unemployment insurance benefits, claimant, an architect, formed a professional corporation. The Board subsequently found him ineligible to receive unemployment insurance benefits on the basis that he was not totally unemployed, charged him with a recoverable overpayment of benefits in the amount of $2,325 and reduced his right to future benefits. At the hearing, claimant admitted that he formed the corporation, established an office and spent time in the office on a daily basis while he was receiving unemployment insurance benefits. However, he failed to report this activity to the local unemployment insurance office. In view of this testimony, we find that substantial evidence supports the Board's decision ( see, Matter of Kaufman [Hartnett], 178 A.D.2d 882).

Mercure, J.P., Crew III, White, Casey and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Schmerzler

Appellate Division of the Supreme Court of New York, Third Department
Apr 11, 1996
226 A.D.2d 853 (N.Y. App. Div. 1996)
Case details for

Matter of Schmerzler

Case Details

Full title:In the Matter of the Claim of LESLEY A. SCHMERZLER, Appellant. JOHN E…

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

Date published: Apr 11, 1996

Citations

226 A.D.2d 853 (N.Y. App. Div. 1996)
640 N.Y.S.2d 658

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