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MATTER OF BRANDAU

52 A.D.2d 696 (1976)

In the Matter of the Claim of Edgar J. Brandau, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

April 22, 1976

The question of whether or not a person is totally unemployed is factual and, hence, within the sole province of the board, so long as its decision is supported by substantial evidence (Matter of Schatzberg [Catherwood], 32 A.D.2d 710). Here, claimant was the 100% owner of the stock of a corporation and spent three to four hours each day in the furtherance of the business of the still active corporation. Failure of the corporation...

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