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MATTER OF WODZYNSKI

51 A.D.2d 815 (1976)

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

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

February 5, 1976

The issue of total unemployment is a question of fact within the province of the board and its decision must be upheld if it is supported by substantial evidence (e.g. Matter of Newman [Catherwood], 24 A.D.2d 1042). Here, the board has found that claimant, the president and sole stockholder of a corporation, was not totally unemployed during the period at issue in that he was actively engaged in various activities connected with...

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