In re the Claim of Bigelow
Opinion of the Court
Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 18, 2004, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.
Claimant, the vice-president and 50% shareholder of an advertising services company, and his business associate had a falling out in March 2003, as a result of which claimant stopped coming to work at the company’s office. The business ceased operations in July 2003. The Unemployment Insurance Appeal Board denied claimant’s subsequent application for unemployment insurance benefits, finding that he was not totally unemployed during the period for which he sought benefits. This appeal by claimant ensued.
We affirm. The case law makes clear that a corporate officer who performs activities in connection with the winding up of a corporation will not be considered totally unemployed, even if his or her activities in this regard are minimal (see Matter of
Mercure, J.E, Spain, Carpinello and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.