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Matter of the Claim of Weinstein

Appellate Division of the Supreme Court of New York, Third Department
Oct 17, 2002
298 A.D.2d 697 (N.Y. App. Div. 2002)

Opinion

91778

Decided and Entered: October 17, 2002.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 27, 2001, which ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

Stuart Weinstein, Chestnut Ridge, appellant pro se.

Eliot Spitzer, Attorney General, New York City (Steven Segall of counsel), for respondent.

Before: Cardona, P.J., Mercure, Peters, Lahtinen and Kane, JJ.


MEMORANDUM AND ORDER

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant was not totally unemployed during the time he was winding down the business affairs of his textile company. The record establishes that claimant did not dissolve the corporation but, rather, maintained the corporate checking account in order to pay bills and taxes and collect accounts receivable. During the relevant time period, claimant negotiated the disposal of inventory, signed a new lease on the business premises and maintained health insurance through the corporation. Under these circumstances, we find no reason to disturb the Board's decision, notwithstanding the fact that the business itself was inactive (see Matter of Weinstein [Commissioner of Labor], 254 A.D.2d 656; Matter of Tyk [Sweeney], 220 A.D.2d 907; Matter of Rance [Hudacs], 196 A.D.2d 930).

Cardona, P.J., Mercure, Peters, Lahtinen and Kane, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Weinstein

Appellate Division of the Supreme Court of New York, Third Department
Oct 17, 2002
298 A.D.2d 697 (N.Y. App. Div. 2002)
Case details for

Matter of the Claim of Weinstein

Case Details

Full title:IN THE MATTER OF THE CLAIM OF STUART WEINSTEIN, Appellant. COMMISSIONER OF…

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

Date published: Oct 17, 2002

Citations

298 A.D.2d 697 (N.Y. App. Div. 2002)
748 N.Y.S.2d 292