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Jones v. Board of Review

Superior Court of New Jersey, Appellate Division

July 2, 2013

JOANNE H. JONES, Appellant,
v.
BOARD OF REVIEW, DEPARTMENT OF LABOR and NOVAKANE, LLC, Respondents.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 19, 2013

On appeal from the Board of Review, Department of Labor, Docket No. 261, 512.

Stefankiewicz & Barnes, LLC, attorneys for appellant (Richard J. Wall, of counsel and on the briefs).

Jeffrey S. Chiesa, Attorney General, attorney for respondent Board of Review (Lewis A. Scheindlin, Assistant Attorney General, of counsel; Alan C. Stephens, Deputy Attorney General, on the brief).

Respondent NOVAKANE, LLC has not filed a brief.

Before Judges Alvarez and St. John.

PER CURIAM

Appellant Joanne Jones appeals from a final decision of the Board of Review (Board) which found her unemployment claims invalid under N.J.S.A. 43:21-19(i)(7)(C) and determined she was liable for a refund of benefits received. Our examination of the record satisfies us that the Board's final decision was properly premised on facts in the record and is consonant with relevant statutory provisions. Accordingly, we affirm.

I.

The record discloses the following facts and procedural history leading to the administrative determination under review.

Beginning in 2006 Jones was employed as a manager, on a seasonal basis, for Novakane, LLC. Novakane was wholly owned by Jones' husband. Jones and her husband filed federal joint tax returns. Any income, profits, losses and expenses attributable to Novakane were reported on the Jones' joint federal tax returns.

Jones filed a claim for unemployment benefits effective November 11, 2007. $5202 in benefits were paid for the weeks ending November 17, 2007, through March 8, 2008. Jones then filed a claim for unemployment benefits effective November 16, 2008. $5840 in benefits were paid on that claim for the weeks ending November 22, 2008 through March 7, 2009. A year later, Jones filed another claim for unemployment benefits effective November 15, 2009, and $397 in benefits were paid for the week ending November 21, 2009.

On November 25, 2009, the Deputy and the Director of the Division of Unemployment and Disability Insurance (Division) mailed Jones a determination in which the Deputy found she was ineligible for benefits on the claims dated November 11, 2007, November 16, 2008, and November 15, 2009 on the ground that she was unavailable for work, N.J.S.A. 43:21-4(c), and the Director found that Jones was liable for a refund of benefits. Jones appealed the Deputy and the Director's determination to the Appeal Tribunal. In a February 23, 2010 decision, the Appeal Tribunal affirmed the Deputy's determination that Jones was ineligible for benefits and the Director's determination that Jones was ...


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