In re the Claim of Allen

Appellate Division of the Supreme Court of New York

In re the Claim of Allen

2 A.D.3d 951, 767 N.Y.S.2d 682, 2003 N.Y. App. Div. LEXIS 12777

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 4, 2003

StatusPublished

Cited by1 cases

This text of 2 A.D.3d 951 (In re the Claim of Allen) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim of Allen, 2 A.D.3d 951, 767 N.Y.S.2d 682, 2003 N.Y. App. Div. LEXIS 12777 (N.Y. Ct. App. 2003).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 5, 2003, which ruled that claimant was in[952]*952eligible to receive unemployment insurance benefits because he was not available for employment.

To be eligible to receive unemployment insurance benefits, a claimant must be ready, willing and able to work in his or her usual employment (see Labor Law § 591 [2]). Claimant asserted at the time that he filed for unemployment insurance benefits and at the hearing that he was unable to return to work as a correction officer due to his current medical condition of depression and anxiety resulting from this employment. Thus, substantial evidence supports the Unemployment Insurance Appeal Board’s decision finding claimant ineligible for benefits because he was unavailable for employment (see Matter of Messinger [Commissioner of Labor], 293 AD2d 903 [2002]; Matter of Kaminski [Sweeney], 233 AD2d 737 [1996]). We are unpersuaded by claimant’s contention that when he applied for unemployment insurance benefits no accommodation was made for his disability and he was treated unfairly.

Cardona, P.J., Crew III, Carpinello, Mugglin and Lahtinen, JJ., concur. Ordered that the decision is affirmed, without costs.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 5, 2003, which ruled that claimant was in[952]*952eligible to receive unemployment insurance benefits because he was not available for employment.

To be eligible to receive unemployment insurance benefits, a claimant must be ready, willing and able to work in his or her usual employment (see Labor Law § 591 [2]). Claimant asserted at the time that he filed for unemployment insurance benefits and at the hearing that he was unable to return to work as a correction officer due to his current medical condition of depression and anxiety resulting from this employment. Thus, substantial evidence supports the Unemployment Insurance Appeal Board’s decision finding claimant ineligible for benefits because he was unavailable for employment (see Matter of Messinger [Commissioner of Labor], 293 AD2d 903 [2002]; Matter of Kaminski [Sweeney], 233 AD2d 737 [1996]). We are unpersuaded by claimant’s contention that when he applied for unemployment insurance benefits no accommodation was made for his disability and he was treated unfairly.

Cardona, P.J., Crew III, Carpinello, Mugglin and Lahtinen, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

2 A.D.3d 951, 767 N.Y.S.2d 682, 2003 N.Y. App. Div. LEXIS 12777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-allen-nyappdiv-2003.

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