In re the Claim of Baumbach
Opinion of the Court
—Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 27, 1997, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.
Claimant applied for and received unemployment insurance benefits effective November 21, 1993, until March 27, 1994. However, the record also indicates that claimant was an officer, director, 23% stockholder and initial investor in an active corporation, created in December 1992, which provided access to the Internet. Claimant acknowledged thát during 1993 and 1994 the corporation made a profit and in February 1994 he was issued a dividend check in the amount of $6,900. In our view, there is substantial evidence in the record to support the Unemployment Insurance Appeal Board’s ruling that claimant, who attended corporate meetings and stood to gain financially from the corporation, was not totally unemployed during the time he collected benefits (see, Matter of Firsching [Hudacs], 192 AD2d 1011).
We also find evidence in the record to support the Board’s
Cardona, P. J., Mikoll, Yesawich Jr., Spain and Graffeo, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.