MATTER OF SMITH


212 A.D.2d 922 (1995)

622 N.Y.S.2d 627

In the Matter of the Claim of Cameron R. Smith, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

February 16, 1995


We find no abuse of discretion in the Board's decision to reject claimant's application to reopen the Board's prior decision ruling, inter alia, that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed. In any event, substantial evidence supports the Board's conclusion that claimant's activities on behalf of a corporation of which he was a 50% stockholder constituted employment under Labor Law § 522. There is...

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