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MATTER OF DiPIETRO

250 A.D.2d 916 (1998)

672 N.Y.S.2d 516

In the Matter of the Claim of Matthew J. DiPietro, Appellant. Commissioner of Labor, Respondent

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

May 7, 1998

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant was not totally unemployed at the time he was receiving unemployment insurance benefits and charging him with a recoverable overpayment and the loss of benefit days. Claimant was the president and sole shareholder of MJD Landscaping Corporation. During the winter months, when business was dormant, claimant continued to engage...

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