AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

In the Matter of the Claim of DONALD J. GAULAND, Appellant. JOHN E. SWEENEY, as Commissioner of Labor, Respondent.

While receiving unemployment insurance benefits, claimant, a shareholder and officer of two corporations operated by his wife, prepared three checks for one corporation. The Board found him ineligible to receive unemployment insurance benefits because he was not totally unemployed and charged him with a recoverable overpayment. Even though claimant did not actively participate in the corporations nor receive income from them, we find there is substantial evidence supporting the Board's decision since, as a shareholder, claimant stood to gain financially if the corporations made a profit ( see, Matter of Rance [Hudacs], 196 A.D.2d 930; Matter of De Martino [Hudacs], 186 A.D.2d 854; Matter of St. Germain [Ross], 78 A.D.2d 565).

Mikoll, J.P., Crew III, White, Yesawich Jr. and Spain, JJ., concur. Ordered that the decision is affirmed.

Use AI to get other relevant cases.

Comments

MATTER OF GAULAND
(Jan 4, 1996)