MATTER OF WISINSKI


23 A.D.3d 739 (2005)

803 N.Y.S.2d 277

In the Matter of the Claim of DEBRA J. WISINSKI, Appellant. COMMISSIONER OF LABOR, Respondent.

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

November 3, 2005.


In 2000, claimant worked as an operating engineer running various pieces of construction equipment for her husband's paving company. From 2001 through 2003, claimant was retained in an on call capacity, operating equipment for her husband as needed when his employees did not report to work. Though claimant was infrequently called in to work, she received her regular salary. When she was laid off at the end of each season, she filed claims for unemployment insurance benefits...

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