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MATTER OF BURKE

53 A.D.2d 795 (1976)

In the Matter of the Claim of Robert E. Burke, Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

June 24, 1976

The board's finding that claimant performed services for a family owned business in return for room, board and pocket money is supported by substantial evidence, and, thus, the board could properly conclude that claimant was not totally unemployed (Matter of Tiber [Catherwood], 31 A.D.2d 704). Similarly, the issue of willful misrepresentation is factual and, accordingly, the board's determination...

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