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Matter of Bruckner

Appellate Division of the Supreme Court of New York, Third Department
Nov 13, 1975
50 A.D.2d 647 (N.Y. App. Div. 1975)

Opinion

November 13, 1975


Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 5, 1974, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner that claimant was ineligible to receive benefits because he was not totally unemployed, finding that claimant willfully made false statements to obtain benefits and imposing a forfeiture. Claimant, a fuel oil truck driver, was laid off on April 7, 1972. He filed for benefits on April 13, 1972, responding in the negative to questions as to whether he was in any business that brought in or would bring in income. Claimant further classified himself as totally unemployed. Although he was not employed, claimant had, on March 6, 1972, filed a certificate of doing business in the residential and industrial fence trade. He did, in fact, conduct such a business, although he contends he did not realize any profit. This court has consistently held that self-employment is employment within the meaning of section 522 Lab. of the Labor Law and that one who is in business for himself is not totally unemployed and is, therefore, ineligible for unemployment insurance benefits (Matter of Rado [Catherwood], 27 A.D.2d 965; Matter of Carasso [Catherwood], 23 A.D.2d 935; Matter of Bailey [Catherwood], 18 A.D.2d 727). Substantial evidence in this record supports each and every determination of the board. Decision affirmed, without costs. Herlihy, P.J., Sweeney, Kane, Koreman and Larkin, JJ., concur.


Summaries of

Matter of Bruckner

Appellate Division of the Supreme Court of New York, Third Department
Nov 13, 1975
50 A.D.2d 647 (N.Y. App. Div. 1975)
Case details for

Matter of Bruckner

Case Details

Full title:In the Matter of the Claim of WILLIAM BRUCKNER, Appellant. LOUIS L…

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

Date published: Nov 13, 1975

Citations

50 A.D.2d 647 (N.Y. App. Div. 1975)

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