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MATTER OF SPIRSON

53 A.D.2d 772 (1976)

In the Matter of the Claim of Jon Spirson, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

June 10, 1976

The record contains ample evidence that claimant was actively engaged as a 50% partner in a music publishing enterprise and, accordingly, the board could properly conclude that claimant was not totally unemployed during the period at issue (Matter of Carasso [Catherwood], 23 A.D.2d 935). Similarly, the board could find that the benefits claimant accepted had not been received in good faith and were, therefore, recoverable (Matter...

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