MATTER OF KOGUT


255 A.D.2d 679 (1998)

679 N.Y.S.2d 735

In the Matter of the Claim of Jeffrey W. Kogut, Appellant. Titus Witmer, Doing Business as Dutchman Auto, Respondent; Commissioner of Labor, Respondent

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

November 5, 1998


Claimant was employed as a mechanic at an automobile repair shop. During the last six weeks of his employment, claimant was paid on a commission basis. Claimant left his employment after he realized that based upon the hours he worked, the commission he earned averaged less than minimum wage. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving benefits. It has been held that dissatisfaction with...

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