From Casetext: Smarter Legal Research

Thomas v. Commissioner of Labor

Appellate Division of the Supreme Court of New York, Third Department
Jan 29, 2009
58 A.D.3d 1099 (N.Y. App. Div. 2009)

Opinion

No. 505175.

January 29, 2009.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 15, 2007, which, ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

Calvin L. Thomas, White Plains, appellant pro se.

Andrew M. Cuomo, Attorney General, New York City (Mary Hughes of counsel), for respondent.

Before: Mercure, J.P., Peters, Rose, Lahtinen and Kavanagh, JJ.


Substantial evidence supports the Unemployment Insurance Appeal Board's determination that claimant, the sole principal of a subchapter S corporation that he had formed to further his employment as a computer programmer, was ineligible to receive unemployment insurance benefits on the basis that he was not totally unemployed ( see Matter of DeAngelo [Commissioner of Labor], 54 AD3d 468, 468).-The law is settled that "a principal of a corporation will not be considered totally unemployed even if the activities he or she performs on its behalf are minimal, so long as he or she stands to benefit financially from its continued operation" ( Matter of Spielman [Commissioner of Labor], 42 AD3d 621, 622). Here, claimant had an active corporate checking account, maintained a Web site for the corporation where he periodically checked for e-mails regarding work opportunities and filed corporate tax returns including business expense deductions. In view of the foregoing, claimant stood to gain financially from his activities on behalf of his corporation ( see Matter of Marcus [Commissioner of Labor], 47 AD3d 1180, 1180-1181).

To the extent not specifically addressed herein, claimant's remaining contentions have been considered and found to be without merit.

Ordered that the decision is affirmed, without costs.


Summaries of

Thomas v. Commissioner of Labor

Appellate Division of the Supreme Court of New York, Third Department
Jan 29, 2009
58 A.D.3d 1099 (N.Y. App. Div. 2009)
Case details for

Thomas v. Commissioner of Labor

Case Details

Full title:In the Matter of the Claim of CALVIN L. THOMAS, Appellant. COMMISSIONER OF…

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

Date published: Jan 29, 2009

Citations

58 A.D.3d 1099 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 480
871 N.Y.S.2d 790

Citing Cases

In re Bernstein

Whether a claimant is totally unemployed and, thus, entitled to receive unemployment benefits is a factual…

Menkov v. Comm'r. of Labor

The Board further concluded that she made willful misrepresentations to obtain benefits and charged her with…