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Matter of Zimbelmann

Appellate Division of the Supreme Court of New York, Third Department
Jul 7, 1994
206 A.D.2d 589 (N.Y. App. Div. 1994)

Opinion

July 7, 1994

Appeal from the Unemployment Insurance Appeal Board.


The Board found that claimant was the president and 80% shareholder of an ongoing and viable family corporation. It also noted that claimant executed the applicable franchise agreement and co-signed the lease, and that he stood to gain financially from the continued operation of the business. Claimant admitted that he expected to be consulted about major purchases made for the business. Given these findings and the record before us, there is substantial evidence to support the Board's conclusion that claimant's interest in the business was more than an investor and that he was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

Cardona, P.J., Mercure, Casey, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Zimbelmann

Appellate Division of the Supreme Court of New York, Third Department
Jul 7, 1994
206 A.D.2d 589 (N.Y. App. Div. 1994)
Case details for

Matter of Zimbelmann

Case Details

Full title:In the Matter of the Claim of HENRY P. ZIMBELMANN, Appellant. JOHN F…

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

Date published: Jul 7, 1994

Citations

206 A.D.2d 589 (N.Y. App. Div. 1994)
614 N.Y.S.2d 466

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