In re the Claim of Siegel, 43 A.D.3d 1224 (N.Y. App. Div. 2007). · Go Syfert
In re the Claim of Siegel, 43 A.D.3d 1224 (N.Y. App. Div. 2007). Cases Citing This Book View Copy Cite
13 citation events (13 in the last 25 years) across 2 distinct courts.
Strongest positive: In re the Claim of Romero (nyappdiv, 2014-10-02)
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (rule) In re the Claim of Romero
N.Y. App. Div. · 2014 · confidence medium
Notwithstanding the fact that claimant was not receiving income from the business, substantial evidence supports the Board’s decision that he was not totally unemployed (see Matter of Siegel [Commissioner of Labor], 43 AD3d 1224, 1225 [2007]).
discussed Cited as authority (rule) MatterofRomero[Commr.ofLabor]
N.Y. App. Div. · 2014 · confidence medium
Notwithstanding the fact that claimant was not receiving income from the business, substantial evidence supports the Board's decision that he was not totally unemployed (see Matter of Siegel [Commissioner of Labor], 43 AD3d 1224, 1225 [2007]).
discussed Cited as authority (rule) In re the Claim of Romero
N.Y. App. Div. · 2014 · confidence medium
Notwithstanding the fact that claimant was not receiving income from the business, substantial evidence supports the Board’s decision that he was not totally unemployed (see Matter of Siegel [Commissioner of Labor], 43 AD3d 1224, 1225 [2007]).
discussed Cited as authority (rule) In re the Claim of McCann
N.Y. App. Div. · 2014 · confidence medium
Accordingly, the Board’s determination that claimant was not totally unemployed is supported by substantial evidence and will not be disturbed (see Matter of Siegel [Commissioner of Labor], 43 AD3d 1224, 1224-1225 [2007]).
discussed Cited as authority (rule) In re the Claim of McCann
N.Y. App. Div. · 2014 · confidence medium
Accordingly, the Board’s determination that claimant was not totally unemployed is supported by substantial evidence and will not be disturbed (see Matter of Siegel [Commissioner of Labor], 43 AD3d 1224, 1224-1225 [2007]).
discussed Cited as authority (rule) In re the Claim of Lahr
N.Y. App. Div. · 2013 · confidence medium
Substantial evidence thus existed from which the Board could determine that claimant was not totally unemployed during the period in question and, moreover, had willfully misrepresented his work status (see Matter of Paquette [Commissioner of Labor], 45 AD3d 1087, 1088 [2007]; Matter of Siegel [Commissioner of Labor], 43 AD3d 1224, 1224-1225 [2007]; Matter of Petrillo [Commissioner of Labor], 2 AD3d 948, 948-949 [2003]).
discussed Cited as authority (rule) In re the Claim of Lahr
N.Y. App. Div. · 2013 · confidence medium
Substantial evidence thus existed from which the Board could determine that claimant was not totally unemployed during the period in question and, moreover, had willfully misrepresented his work status (see Matter of Paquette [Commissioner of Labor], 45 AD3d 1087, 1088 [2007]; Matter of Siegel [Commissioner of Labor], 43 AD3d 1224, 1224-1225 [2007]; Matter of Petrillo [Commissioner of Labor], 2 AD3d 948, 948-949 [2003]).
discussed Cited as authority (rule) In re the Claim of Ingrao-Woods
N.Y. App. Div. · 2011 · confidence medium
Therefore, substantial evidence supports the Board’s decision that she was not totally unemployed (see Matter of Gazzara [Commissioner of Labor], 60 AD3d 1226, 1227 [2009]; Matter of Germanow [Commissioner of Labor], 56 AD3d 923 , 924 [2008]; Matter of Siegel [Commissioner of Labor], 43 AD3d 1224, 1225 [2007]).
discussed Cited as authority (rule) In re of the Claim of Davis
N.Y. App. Div. · 2008 · confidence medium
A claimant who performs activities on behalf of a business, even if such activities are minimal and do not generate income, will not be considered totally unemployed, “ ‘provided that the claimant stands to benefit financially from the continued existence of the business’ ” (Matter of Siegel [Commissioner of Labor], 43 AD3d 1224, 1224-1225 [2007], quoting Matter of Swan [Commissioner of Labor], 40 AD3d 1295, 1295 [2007]).
discussed Cited as authority (rule) In re the Claim of Nigro
N.Y. App. Div. · 2008 · confidence medium
Even where such activities were minimal, the key factor was whether the claimant stood to benefit financially from the existence of the business (see Matter of Siegel [Commissioner of Labor], 43 AD3d 1224, 1224-1225 [2007]).
discussed Cited "see" In re the Claim of Gazzara
N.Y. App. Div. · 2009 · signal: see · confidence high
Significantly, “even where such activities were minimal, the key factor was whether the claimant stood to benefit financially from the existence of the business” (Matter of Nigro [Commissioner of Labor], 47 AD3d at 1041 ; see Matter of Siegel [Commissioner of Labor], 43 AD3d 1224, 1224-1225 [2007]).
Retrieving the full opinion text from the archive…
In the Matter of the Claim of Michael B. Siegel, Commissioner of Labor
Appellate Division of the Supreme Court of the State of New York.
Sep 13, 2007.
43 A.D.3d 1224
Cited by 12 opinions  |  Published

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 5, 2006, which, among other things, ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

Claimant was employed by a job placement agency as a recruiter specializing in locating candidates with technological expertise. After his employment was terminated, he filed an application for unemployment insurance benefits. That application was granted and, between November 15, 2001 and July 28, 2002, claimant received $14,985 in benefits. During this time, claimant also started his own business so that he could conduct his recruitment activities as an independent contractor for companies in search of candidates. The Unemployment Insurance Appeal Board subsequently ruled that he was ineligible to receive benefits because he was not totally unemployed, charged him with a recoverable overpayment of benefits and reduced his right to receive future benefits by 208 days. Claimant now appeals.

We affirm. “It is well settled that a claimant who performs activities on behalf of an ongoing business will not be considered totally unemployed even if such activities are minimal, provided[*1225] that the claimant stands to benefit financially from the continued existence of the business” (Matter of Swan [Commissioner of Labor], 40 AD3d 1295, 1295 [2007] [citations omitted]; see Matter of Frith [Commissioner of Labor], 40 AD3d 1230 [2007]). In the case at hand, claimant started the business at the time he lost his job for the purpose of continuing his recruitment activities. In connection therewith, he opened a business checking account, advertised his business on the Internet and collected the resumes of prospective job candidates. Although claimant did not receive any income from the business, he clearly intended to make money. In view of this, substantial evidence supports the Board’s denial of benefits to claimant on the basis that he was not totally unemployed.

The Board’s finding that claimant made a willful misrepresentation to obtain benefits also is supported by substantial evidence. After claimant lost his job, his application to participate in the Department of Labor’s self employment program was denied and he was advised that he could not start his own business before he was granted approval or he would be deemed ineligible to receive benefits and subject to a recoverable overpayment and forfeiture penalty. Claimant nevertheless disregarded this warning and started his own business. Therefore, we find no reason to disturb the Board’s decision.

Mercure, J.E, Crew III, Mugglin, Rose and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.