MATTER OF CUMELLA


209 A.D.2d 747 (1994)

617 N.Y.S.2d 1009

In the Matter of the Claim of Salvatore J. Cumella, Appellant. Careers Thru Education, Inc., Respondent; John F. Hudacs, as Commissioner of Labor, Respondent

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

November 3, 1994


The record contains substantial evidence to support the Board's determination that claimant was not totally unemployed during the relevant time period. Although claimant had formally resigned as president and treasurer of his corporation, he nevertheless continued to perform numerous corporate activities that rendered him ineligible to receive benefits. For example, the corporate books, office furnishings and equipment were not moved from claimant's home, the corporation...

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