In re the Claim of Flynn

Appellate Division of the Supreme Court of New York

In re the Claim of Flynn

209 A.D.2d 811, 618 N.Y.S.2d 479, 1994 N.Y. App. Div. LEXIS 11096

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

DecidedNovember 10, 1994

StatusPublished

Cited by1 cases

This text of 209 A.D.2d 811 (In re the Claim of Flynn) 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 Flynn, 209 A.D.2d 811, 618 N.Y.S.2d 479, 1994 N.Y. App. Div. LEXIS 11096 (N.Y. Ct. App. 1994).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 28, 1993, which ruled that claimant was ineligible to receive unemployment insurance benefits because he did not work a sufficient number of days of subsequent employment to terminate his prior disqualification from receiving benefits.

Claimant had initially been held to be ineligible to receive unemployment insurance benefits because he left his job without good cause. Following this disqualification, claimant worked for a different employer for five weeks. The Board ruled that, although this subsequent employment met some of the requirements necessary to terminate a disqualification, claimant nevertheless did not meet the requirement in Labor Law § 593 (1) (a) of working three days in each of the five weeks. Our review of the record reveals substantial evidence to support the Board’s determination that claimant did not have a sufficient number of days of subsequent employment to break his prior disqualification.

Cardona, P. J., Mercure, Crew III, Casey and Peters, 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 December 28, 1993, which ruled that claimant was ineligible to receive unemployment insurance benefits because he did not work a sufficient number of days of subsequent employment to terminate his prior disqualification from receiving benefits.

Claimant had initially been held to be ineligible to receive unemployment insurance benefits because he left his job without good cause. Following this disqualification, claimant worked for a different employer for five weeks. The Board ruled that, although this subsequent employment met some of the requirements necessary to terminate a disqualification, claimant nevertheless did not meet the requirement in Labor Law § 593 (1) (a) of working three days in each of the five weeks. Our review of the record reveals substantial evidence to support the Board’s determination that claimant did not have a sufficient number of days of subsequent employment to break his prior disqualification.

Cardona, P. J., Mercure, Crew III, Casey and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

209 A.D.2d 811, 618 N.Y.S.2d 479, 1994 N.Y. App. Div. LEXIS 11096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-flynn-nyappdiv-1994.

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