MATTER OF DeVIVO


51 A.D.2d 619 (1976)

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

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

January 15, 1976


Claimant, a carpenter, was last employed by a family corporation of which he is the vice-president and treasurer and owns 40% of the stock. Claimant's wife, son and daughter-in-law are the other officers and stockholders. The corporation is in the home construction business, with its office located in claimant's home. The record reveals that business was slow and, although the son, also a carpenter, continued to work for the corporation, claimant was discharged for lack of...

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