MATTER OF MOREIRA


251 A.D.2d 946 (1998)

674 N.Y.S.2d 873

In the Matter of the Claim of Edwin Moreira, Jr., Appellant. Commissioner of Labor, Respondent

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

June 25, 1998


Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant was not totally unemployed during the periods that he was receiving benefits and charging him with a recoverable overpayment. The record indicates that claimant filed a business certificate for a tree trimming and tree removal business in 1989. Although claimant testified that he never pursued the business, the record establishes that he failed to file a certificate...

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