OWNER OF SEASONAL BUSINESS WAS NOT TOTALLY UNEMPLOYED AND THEREFORE WAS NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS.

The Third Department determined claimant, the owner of a seasonal charter fishing business, was not totally unemployed and thus was not entitled to unemployment insurance benefits:

It is well settled that a “claimant who performs activities on behalf of an ongoing business may not be considered totally unemployed, even if such activities are minimal or the business is not profitable, if he or she stands to benefit financially from its continued operation” … . Notably, this rule has been applied to seasonal businesses as well as those that operate throughout the year … . Here, claimant performed a number of activities related to his fishing business after he filed his unemployment insurance claim. Specifically, he maintained a business website, communicated with prospective customers through email and by telephone, paid various business-related expenses, renewed insurance, placed an advertisement in a local circulation, leased a boat slip and prepared the boat for operation. Matter of Pasinski (Commissioner of Labor), 2016 NY Slip Op 05606, 3rd Dept 7-21-16

UNEMPLOYMENT (INSURANCE OWNER OF SEASONAL BUSINESS WAS NOT TOTALLY UNEMPLOYED AND THEREFORE WAS NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS)