MATTER OF GARDNER


30 A.D.2d 596 (1968)

In the Matter of the Claim of John D. Gardner, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

May 20, 1968


MEMORANDUM BY THE COURT.

The board was warranted in finding, on the basis of the evidence it evaluated as credible, that claimant was actually employed in the business conducted by his nephew, during the alleged unemployment period and that, contrary to claimant's contention, his services were not gratuitous and the checks issued to him and to his wife represented wages and not loans.

Decision affirmed,...

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