MATTER OF CHIRICO


49 A.D.3d 1104 (2008)

853 N.Y.S.2d 736

In the Matter of the Claim of NANCY J. CHIRICO, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided March 27, 2008.


Spain, J.

Claimant, an administrative assistant at a state university who only worked when classes were in session, applied for and received unemployment benefits for the school break periods of August 2002 and January, June, July and August 2003 through 2005. Admittedly, claimant also performed certain accounting duties for her husband's graphic design business, which he operates out of their home.

As a result of these duties, the Department of Labor issued...

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