MATTER OF ROBERTS


49 A.D.3d 1129 (2008)

853 N.Y.S.2d 715

In the Matter of the Claim of DARYL F. ROBERTS, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided March 27, 2008.


Substantial evidence supports the Unemployment Insurance Appeal Board's decision finding that claimant was ineligible to receive benefits because he was not totally unemployed during the weeks in question. Claimant acknowledged that he provided services for Wurtsboro Flight Services on the relevant days and, hence, his own testimony supports the Board's decision (see Matter of Suwczinsky [Commissioner of Labor], 10 A.D.3d 762 [2004...

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