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MATTER OF DAVIS

50 A.D.3d 1281 (2008)

855 N.Y.S.2d 305

In the Matter of the Claim of ALTON DAVIS, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided April 11, 2008.

A claimant who performs activities on behalf of a business, even if such activities are minimal and do not generate income, will not be considered totally unemployed, "`provided that the claimant stands to benefit financially from the continued existence of the business'" (Matter of Siegel [Commissioner of Labor], 43 A.D.3d 1224, 1224-1225 [2007], quoting Matter of Swan [Commissioner of Labor], 40 A.D.3d 1295...

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