MATTER OF OURS


268 A.D.2d 669 (2000)

700 N.Y.S.2d 584

In the Matter of the Claim of MICHAEL J. OURS, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided January 6, 2000.


While receiving unemployment insurance benefits, claimant was involved in the operation of his wife's restaurant. Evidence in the record discloses that claimant wrote 8 to 10 checks per week for the business and assisted in ordering supplies, inventory and accepting deliveries. Inasmuch as claimant and his wife commingled the business funds with their personal funds, claimant stood to gain financially from these activities. In these circumstances, there is substantial evidence...

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