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MATTER OF BERG

200 A.D.2d 847 (1994)

606 N.Y.S.2d 799

In the Matter of the Claim of Harry E. Berg, III, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

January 13, 1994

In light of evidence that, during the eligible period, claimant started his own business installing telephone lines and actively pursued the means of making this business a success, there is substantial evidence for the Board's conclusion that claimant was not totally unemployed. Because these activities took place at the same time claimant was collecting benefits and representing that he was not working, there is also evidence...

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