MATTER OF HORNER


32 A.D.2d 700 (1969)

In the Matter of the Claim of Robert G. Horner, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

May 16, 1969


GREENBLOTT, J.

Appellant was laid off on May 6, 1967 and thereafter filed for benefits, asserting total unemployment. The board found that appellant was not totally unemployed when filing for benefits, noting that "He spent substantial time and effort preparing his land for a golf course, which he expected to operate at a profit." We cannot find as a matter of law that the board erred in its conclusion. On the evidence, the board could properly find that...

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