IN THE MATTER OF ROSTOLDER


3 A.D.3d 773 (2004)

770 N.Y.S.2d 801

In the Matter of the Claim of ANDREW S. ROSTOLDER, Appellant. COMMISSIONER OF LABOR, Respondent.

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

January 22, 2004.


Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant, a sheet metal draftsman by trade, was ineligible to receive unemployment insurance benefits because he was not totally unemployed during the period he was receiving benefits in 2002. The record establishes that claimant makes frog sculptures which he displays for sale at a cooperative gallery. Claimant pays an annual fee of $2,400 to be a member of the gallery and...

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