MATTER OF CLAIM OF CARDELLA

528939.

179 A.D.3d 1367 (2020)

117 N.Y.S.3d 379

2020 NY Slip Op 00463

In the Matter of the Claim of Michael F. Cardella, Appellant. Commissioner of Labor, Respondent.

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

Decided January 23, 2020.


In January 2012, claimant and four other individuals formed a corporation for the purpose of operating a bar. Claimant had a full-time job at the time. In the months that followed, a corporate bank account was established and the corporation entered into a lease of property where the bar was to be located. Construction on the bar commenced and it finally opened in October 2012. While making preparations for the opening of the bar, claimant lost his job and applied for unemployment...

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