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MATTER OF GIAMBALVO

50 A.D.2d 620 (1975)

In the Matter of the Claim of Charles Giambalvo, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

November 6, 1975

In our view, there is substantial evidence in the record to sustain the board's determination that claimant was not totally unemployed. The record reveals a pattern of controlled employment in a family owned business which consisted of the operation of one truck by the claimant. On the evidence herein presented, the board could find that the ownership by claimant's wife of the truck was a fiction utilized in order to permit claimant...

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