Opinion
December 6, 1990
Appeal from the Unemployment Insurance Appeal Board.
Although claimant argues to the contrary, the record offers ample support for the conclusion that claimant was actively engaged in his own business and was therefore not totally unemployed for the entire period for which he received benefits. The fact that he may have still been seeking work as an employee is irrelevant (see, Matter of Schreiber [Lubin], 5 A.D.2d 745). Furthermore, the overpayments made to claimant were properly recoverable under Labor Law § 597 (4) (see, Matter of Council [Roberts], 132 A.D.2d 437).
Decision affirmed, without costs. Kane, J.P., Casey, Levine, Mercure and Harvey, JJ., concur.