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Matter of Belle

Appellate Division of the Supreme Court of New York, Third Department
Mar 7, 1996
225 A.D.2d 826 (N.Y. App. Div. 1996)

Opinion

March 7, 1996

Appeal from the Unemployment Insurance Appeal Board.


Upon discovering that claimant served as a Councilman for the Town of Camillus in Onondaga County during the period of time he collected unemployment insurance benefits, the Board issued a decision ruling, inter alia, that claimant was ineligible to receive benefits because he was not totally unemployed. Claimant concedes that he served as Councilman during the period at issue but asserts that the Board's decision is not supported by substantial evidence because, inter alia, his service as Councilman did not constitute employment. Inasmuch as the evidence is undisputed that claimant received an annual salary for his work as Councilman, performed a variety of duties in that capacity and was subject to inquiries by his constituents, we reject claimant's contentions and find that the Board's decision is supported by substantial evidence ( see, Matter of Salisbury [Catherwood], 27 A.D.2d 587).

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


Summaries of

Matter of Belle

Appellate Division of the Supreme Court of New York, Third Department
Mar 7, 1996
225 A.D.2d 826 (N.Y. App. Div. 1996)
Case details for

Matter of Belle

Case Details

Full title:In the Matter of the Claim of RONALD E. BELLE, Appellant. JOHN E. SWEENEY…

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

Date published: Mar 7, 1996

Citations

225 A.D.2d 826 (N.Y. App. Div. 1996)
638 N.Y.S.2d 530

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