In re the Claim of Bohmova

Appellate Division of the Supreme Court of New York

In re the Claim of Bohmova

246 A.D.2d 940, 667 N.Y.S.2d 857, 1998 N.Y. App. Div. LEXIS 738

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

DecidedJanuary 29, 1998

StatusPublished

This text of 246 A.D.2d 940 (In re the Claim of Bohmova) 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 Bohmova, 246 A.D.2d 940, 667 N.Y.S.2d 857, 1998 N.Y. App. Div. LEXIS 738 (N.Y. Ct. App. 1998).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 18, 1996, which ruled that claimant was ineligible to receive unemployment insurance benefits because she did not file a valid original claim.

Claimant was employed as a secretary for the United Nations from 1989 through 1993. Claimant’s application for unemployment insurance benefits was denied on the ground that she did not file a valid original claim. Inasmuch as the United Nations is immune from the taxing authority of this State and is therefore not required to pay unemployment insurance taxes (see, 22 USC § 288a [b]), it is not a covered employer under the Labor Law (see, Labor Law §§ 512, 562; see also, Matter of Tereshchuk [Sweeney], 235 AD2d 896). Consequently, the decision of the Unemployment Insurance Appeal Board that claimant is ineligible to receive unemployment insurance benefits is affirmed.

Crew III, J. P., White, Yesawich Jr., Peters 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 September 18, 1996, which ruled that claimant was ineligible to receive unemployment insurance benefits because she did not file a valid original claim.

Claimant was employed as a secretary for the United Nations from 1989 through 1993. Claimant’s application for unemployment insurance benefits was denied on the ground that she did not file a valid original claim. Inasmuch as the United Nations is immune from the taxing authority of this State and is therefore not required to pay unemployment insurance taxes (see, 22 USC § 288a [b]), it is not a covered employer under the Labor Law (see, Labor Law §§ 512, 562; see also, Matter of Tereshchuk [Sweeney], 235 AD2d 896). Consequently, the decision of the Unemployment Insurance Appeal Board that claimant is ineligible to receive unemployment insurance benefits is affirmed.

Crew III, J. P., White, Yesawich Jr., Peters and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

246 A.D.2d 940, 667 N.Y.S.2d 857, 1998 N.Y. App. Div. LEXIS 738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-bohmova-nyappdiv-1998.

Opinion

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