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MATTER OF GAULAND

223 A.D.2d 805 (1996)

635 N.Y.S.2d 362

In the Matter of the Claim of Donald J. Gauland, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

January 4, 1996

While receiving unemployment insurance benefits, claimant, a shareholder and officer of two corporations operated by his wife, prepared three checks for one corporation. The Board found him ineligible to receive unemployment insurance benefits because he was not totally unemployed and charged him with a recoverable overpayment. Even though claimant did not actively participate in the corporations nor receive income from them, we...

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