Citation Numbers: 9 A.D.3d 775, 779 N.Y.S.2d 875, 2004 N.Y. App. Div. LEXIS 9903
Filed Date: 7/22/2004
Status: Precedential
Modified Date: 11/1/2024
Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 16, 2003, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.
Claimant was the secretary of a closely held corporation which operated a retail sporting goods business. She and her son were each 50% shareholders of the corporation and ran the business themselves. After claimant’s son left the business, claimant closed it and dissolved the corporation. Her application for unemployment insurance benefits was initially denied, but was later granted following a hearing before an Administrative Law Judge. The Unemployment Insurance Appeal Board, however, reversed the Administrative Law Judge’s decision and denied claimant benefits on the ground that she voluntarily left her employment without good cause. Claimant now appeals.
Initially, we note that “[w]hen a claimant closes an operating business, the issue of whether he or she is qualified to receive
Cardona, EJ., Crew III, Carpinello, Mugglin and Lahtinen, JJ., concur. Ordered that the decision is reversed, without costs, and matter remitted to the Unemployment Insurance Appeal Board for further proceedings not inconsistent with this Court’s decision.