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  5. 244 A.D.2d 740 (1997)
 

MATTER OF TOMMASI

244 A.D.2d 740 (1997)

664 N.Y.S.2d 389

In the Matter of the Claim of Michael P. Tommasi, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

November 20, 1997

Claimant was employed in the sheet metal industry until he was laid off for lack of work. The record discloses that while he was collecting unemployment insurance benefits, claimant formed his own corporation, M & A Metals, Inc., of which claimant was president, a 49% shareholder and the principal employee. The Unemployment Insurance Appeal Board ruled that claimant was ineligible for benefits because he was not totally unemployed...

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