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  5. 207 A.D.2d 929 (1994)
 

MATTER OF MICELLI

207 A.D.2d 929 (1994)

616 N.Y.S.2d 557

In the Matter of the Claim of Frank Micelli, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

September 15, 1994

In view of evidence that, during the eligible period, claimant performed services for a family-owned business corporation of which he was a one-third shareholder, there is substantial evidence for the Board's conclusion that claimant was not totally unemployed. Because these activities took place at the same time that claimant was collecting benefits and representing that he was not working, there is also proof to support the determination...

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