IN RE: the Claim of Bishun N. KHARE

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Supreme Court, Appellate Division, Third Department, New York.

IN RE: the Claim of Bishun N. KHARE, Appellant. Commissioner of Labor, Respondent.

Decided: October 29, 1998

Before CARDONA, P.J., MIKOLL, MERCURE, CREW and WHITE, JJ. Harris, Beach & Wilcox LLP (Edward C. Hooks of counsel), Ithaca, for appellant. Dennis C. Vacco, Attorney-General (Steven S. Park of counsel), New York City, for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 10, 1997, which ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

Following his separation from employment as a research scientist under nondisqualifying circumstances, claimant's application for unemployment insurance benefits was denied on the ground that he lacked total unemployment.   The record reveals that claimant subsequently was appointed as a visiting scientist, without pay, and was allowed to use the employer's staff, library and office in order to continue the research he had begun while previously employed.   Furthermore, the employer reimbursed claimant for his travel expenses in connection with his research.   While claimant contends that it was necessary to continue his research activities in order to enhance his job search effort, under these circumstances we conclude that substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant had more than a mere association with the employer and therefore was ineligible to receive benefits (cf., Matter of Vartanian [Sweeney], 232 A.D.2d 711, 648 N.Y.S.2d 50, appeal dismissed 89 N.Y.2d 938, 654 N.Y.S.2d 718, 677 N.E.2d 290;  Matter of Slayton [Roberts], 96 A.D.2d 1005, 467 N.Y.S.2d 85).

ORDERED that the decision is affirmed, without costs.

MEMORANDUM DECISION.

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