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IN THE MATTER OF DE ROBBIO

8 A.D.3d 947 (2004)

779 N.Y.S.2d 277

In the Matter of the Claim of JOHN V. DE ROBBIO, Appellant. COMMISSIONER OF LABOR, Respondent.

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

June 24, 2004.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board ruling that claimant was not totally unemployed. The record reveals that claimant was employed by a temporary employment agency. Based upon his representation to the employer that he worked on May 28, 2002 and May 29, 2002 for a client, the employer filled in claimant's time sheet and sent him a paycheck for those days. Claimant nevertheless certified to the Department of Labor that he was...

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