In re the Claim of Anastasio

Appellate Division of the Supreme Court of New York

In re the Claim of Anastasio

244 A.D.2d 598, 663 N.Y.S.2d 931, 1997 N.Y. App. Div. LEXIS 11136

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

DecidedNovember 6, 1997

StatusPublished

Cited by1 cases

This text of 244 A.D.2d 598 (In re the Claim of Anastasio) 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 Anastasio, 244 A.D.2d 598, 663 N.Y.S.2d 931, 1997 N.Y. App. Div. LEXIS 11136 (N.Y. Ct. App. 1997).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 6, 1996, which ruled that claimant was ineligible to receive unemployment insurance benefits for failure to file a valid original claim.

Claimant was employed by a Methodist church as the director of its preschool, overseeing the staff and planning the curriculum. After her employment ended, claimant was found to be ineligible for unemployment insurance benefits pursuant to Labor Law § 563 (2) (c), which provides an exclusion from benefits for any “person employed at a place of religious worship * * * for the performance of duties of a religious nature”. Substantial evidence supports the Unemployment Insurance Appeal Board’s ruling. Although claimant’s duties included secular responsibilities characteristic of any preschool director, she also instituted the recitation of prayers by the students before partaking of food and she oversaw a curriculum that included Christian themes, holidays, ethics and prayers, and, in the words of one witness, involved “incorporating Christian teachings into the decision making of everyday life” (see, Matter of Hollis Hills Jewish Ctr. [Roberts], 92 AD2d 1039; see generally, Matter of Klein [Hartnett], 78 NY2d 662, cert denied 504 US 912). While claimant testified that her job was devoid of religious elements, this presented issues of fact and credibility for resolution by the Board (see, Matter of Del Grosso [New York City Dept. ofTransp.—Sweeney], 217 AD2d 873, 874).

Cardona, P. J., Yesawich Jr., Peters, Spain and Carpinello, 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 June 6, 1996, which ruled that claimant was ineligible to receive unemployment insurance benefits for failure to file a valid original claim.

Claimant was employed by a Methodist church as the director of its preschool, overseeing the staff and planning the curriculum. After her employment ended, claimant was found to be ineligible for unemployment insurance benefits pursuant to Labor Law § 563 (2) (c), which provides an exclusion from benefits for any “person employed at a place of religious worship * * * for the performance of duties of a religious nature”. Substantial evidence supports the Unemployment Insurance Appeal Board’s ruling. Although claimant’s duties included secular responsibilities characteristic of any preschool director, she also instituted the recitation of prayers by the students before partaking of food and she oversaw a curriculum that included Christian themes, holidays, ethics and prayers, and, in the words of one witness, involved “incorporating Christian teachings into the decision making of everyday life” (see, Matter of Hollis Hills Jewish Ctr. [Roberts], 92 AD2d 1039; see generally, Matter of Klein [Hartnett], 78 NY2d 662, cert denied 504 US 912). While claimant testified that her job was devoid of religious elements, this presented issues of fact and credibility for resolution by the Board (see, Matter of Del Grosso [New York City Dept. ofTransp.—Sweeney], 217 AD2d 873, 874).

Cardona, P. J., Yesawich Jr., Peters, Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

244 A.D.2d 598, 663 N.Y.S.2d 931, 1997 N.Y. App. Div. LEXIS 11136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-anastasio-nyappdiv-1997.

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