MATTER OF PINTO


258 A.D.2d 804 (1999)

685 N.Y.S.2d 872

In the Matter of the Claim of PETER J. PINTO, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided February 18, 1999.


Shortly after filing an original claim for unemployment insurance benefits on January 15, 1996, claimant and a partner decided to open a restaurant and they signed a partnership agreement on January 29, 1996 to that effect. In the next few weeks, claimant, inter alia, signed a lease for the restaurant, filed a certificate of doing business, hired a manager, purchased equipment and opened a business checking account. In March 1996, claimant telephoned the Department...

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