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In the Matter of the Claim of Remchuk

Appellate Division of the Supreme Court of New York, Third Department
May 3, 2001
283 A.D.2d 701 (N.Y. App. Div. 2001)

Opinion

May 3, 2001.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 21, 1999, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

Richard Remchuk, Hornell, appellant in person.

Eliot Spitzer, Attorney-General (Dawn A. Foshee of counsel), New York City, for respondent.

Before: Mercure, J.P., Crew III, Peters, Spain and Lahtinen, JJ.


MEMORANDUM AND ORDER

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant was not totally unemployed during the period in question. The record establishes that claimant, a mechanic by trade, would spend several hours a day at his brother's automotive repair business performing a variety of chores. Although claimant received no remuneration during the period in question, testimony established that claimant nevertheless performed these duties with an expectation that he would eventually become a partner in his brother's business. Under these circumstances, we find no reason to disturb the Board's decision (see, Matter of Vargas [Commissioner of Labor], 260 A.D.2d 790; Matter of Smith [Commissioner of Labor], 253 A.D.2d 961). Furthermore, inasmuch as claimant failed to inform the local unemployment insurance office about his activities despite having attended an orientation session and receiving an unemployment insurance information handbook, claimant was properly assessed a recoverable overpayment of benefits.

ORDERED that the decision is affirmed, without costs.


Summaries of

In the Matter of the Claim of Remchuk

Appellate Division of the Supreme Court of New York, Third Department
May 3, 2001
283 A.D.2d 701 (N.Y. App. Div. 2001)
Case details for

In the Matter of the Claim of Remchuk

Case Details

Full title:IN THE MATTER OF THE CLAIM OF RICHARD W. REMCHUK, APPELLANT. COMMISSIONER…

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

Date published: May 3, 2001

Citations

283 A.D.2d 701 (N.Y. App. Div. 2001)
725 N.Y.S.2d 108

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