MATTER OF DENEY


39 A.D.3d 1058 (2007)

834 N.Y.S.2d 372

In the Matter of the Claim of RICHARD J. DENEY, Appellant. COMMISSIONER OF LABOR, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided April 19, 2007.


Claimant was the president and a shareholder in Gor-Den Industries, Inc., a family-controlled holding company that operated through two subsidiaries, one on the retail side of the automotive parts business and the other on the wholesale side. Although the holding company had been showing losses for a number of years, claimant continued to receive a salary of $88,000 from the wholesale subsidiary until he discontinued that business in May 2001. In July 2001, all of the assets...

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