IN THE MATTER OF SCHULMAN


9 A.D.3d 647 (2004)

779 N.Y.S.2d 650

In the Matter of the Claim of JACK SCHULMAN, Appellant. COMMISSIONER OF LABOR, Respondent.

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

July 8, 2004.


While receiving unemployment insurance benefits, claimant worked as an Alzheimer's patient caseworker on an hourly basis. On days when claimant arrived at the patient's home and he was unable to render services, claimant did not consider that work and certified with the local unemployment insurance office to that effect. Claimant was aware and evidence submitted on behalf of the employer established, however, that regardless of whether claimant rendered services, he was nevertheless...

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