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MATTER OF PHELKA

41 A.D.2d 982 (1973)

In the Matter of the Claim of Frank L. Phelka, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

May 17, 1973

Claimant filed for benefits effective February 16, 1970 and refiled effective July 13, 1970, and received benefits through the week ending December 13, 1970. He entered into a contract in May, 1970 with Henry Sysol, a building contractor for the construction of a home for the claimant. Sysol testified that claimant did certain concrete work on the house starting on July 20, 1970 and continuing intermittently through August 22, 1970...

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