MATTER OF DeCARLO

507388.

73 A.D.3d 1404 (2010)

901 N.Y.S.2d 763

In the Matter of the Claim of PETER C. DeCARLO, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided May 27, 2010.


Rose, J.

Claimant was employed by a tax preparation service and submitted various claims for unemployment insurance for the period between 2004 through 2006. In June 2006, the Department of Labor (hereinafter DOL) initially determined that claimant was ineligible to receive benefits because, among other things, he operated a property management service. In September 2006, an Administrative Law Judge (hereinafter ALJ) found that claimant was only eligible to receive...

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