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MATTER OF GRONOWICZ

59 A.D.3d 824 (2009)

874 N.Y.S.2d 275

In the Matter of the Claim of ANTHONY GRONOWICZ, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided February 19, 2009.

Whether a claimant is totally unemployed presents a factual issue for the Unemployment Insurance Appeal Board to resolve, and its determination in this regard, if supported by substantial evidence in the record as a whole, will not be disturbed (see Matter of Bernard [Commissioner of Labor], 53 A.D.3d 1006 [2008]; Matter of Chirico [Commissioner of Labor], 49 A.D.3d 1104, 1105 [2008]). Pursuant...

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