MATTER OF HOTALING


251 A.D.2d 879 (1998)

674 N.Y.S.2d 801

In the Matter of the Claim of Peter H. Hotaling, Jr., Appellant. Commissioner of Labor, Respondent

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

June 18, 1998


One month prior to losing his job under nondisqualifying conditions, claimant and two friends started a concrete business. According to claimant, he withdrew from this business prior to applying for unemployment insurance benefits. The Unemployment Insurance Appeal Board ruled, inter alia, that claimant was ineligible to receive benefits because he was not totally unemployed and charged him with a recoverable overpayment. We affirm.

The record reveals that...

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