MATTER OF DE VAUL


243 A.D.2d 802 (1997)

665 N.Y.S.2d 349

In the Matter of the Claim of Charles De Vaul, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

October 9, 1997


Substantial evidence supports the Unemployment Insurance Appeal Board's finding that claimant was not totally unemployed at the time he was receiving unemployment insurance benefits. Documentary and testimonial evidence presented at the hearing established that claimant operated his own design and planning business while receiving benefits, thereby supporting the Board's finding that he was not totally unemployed (see, Matter of Mizener [Sweeney],

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