MATTER OF EMERY (CORSI)


281 A.D. 426 (1953)

In the Matter of the Claim of Raymond B. Emery, Appellant. Edward Corsi, as Industrial Commissioner, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 12, 1953.


Attorney(s) appearing for the Case

William J. Gregg for appellant.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, and Francis R. Curran of counsel), for respondent.

FOSTER, P. J., BERGAN, COON and IMRIE, JJ., concur.


HALPERN, J.

This case presents the question of whether one who devotes substantially his full time to a business of which he is one of the owners, while awaiting recall to an outside employment in which he was formerly engaged, is "unemployed" within the meaning of the Unemployment Insurance Law (Labor Law, art. 18) and is eligible for benefits thereunder. In the absence of any statutory provisions giving a special...

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