MATTER OF ARMBRUSTER


36 A.D.3d 1037 (2007)

826 N.Y.S.2d 841

In the Matter of the Claim of JAMES A. ARMBRUSTER, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided January 11, 2007.


Claimant and his wife were corporate officers and shareholders of Fieri of WNY, Inc. After resigning as a corporate officer and relinquishing his stock in 2001, claimant remained as a seasonal employee to manage the corporation's boat harbor business in the summer months. Thereafter, he twice applied for and received unemployment insurance benefits. Ultimately, the Unemployment Insurance Appeal Board found claimant ineligible to...

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