In re the Claim of Mackearin

Appellate Division of the Supreme Court of New York

In re the Claim of Mackearin

182 A.D.2d 942, 585 N.Y.S.2d 715, 1992 N.Y. App. Div. LEXIS 5730

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

DecidedApril 9, 1992

StatusPublished

This text of 182 A.D.2d 942 (In re the Claim of Mackearin) 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 Mackearin, 182 A.D.2d 942, 585 N.Y.S.2d 715, 1992 N.Y. App. Div. LEXIS 5730 (N.Y. Ct. App. 1992).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 2, 1991, which ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

While there may be distinctions between this case and another case previously decided by the Unemployment Insurance Appeal Board (see, Matter of Sivilli, Unemployment Insurance Appeal Board Decision No. 403,033 [Mar. 26, 1991]), there is at least the existence of sufficient similar facts so as to require an explanation by the Board of why it reached different conclusions with respect to claimant herein and the claimant in the prior case, both officers and stockholders in family corporations, as to whether they were totally unemployed (see, Matter of Lafayette Stor. & Moving Corp. [Hart-nett], 77 NY2d 823). The matter must therefore be remitted to the Board to set forth the reasons why it reached a different result in this case (see, Matter of Casey [Larkfield Lottery— Hartnett] 140 AD2d 925).

Mikoll, J. P., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Ordered that the decision is reversed, with costs against the Commissioner of Labor, and matter remitted to the Unemployment Insurance Appeal Board for further proceedings not inconsistent with this court’s decision.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 2, 1991, which ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

While there may be distinctions between this case and another case previously decided by the Unemployment Insurance Appeal Board (see, Matter of Sivilli, Unemployment Insurance Appeal Board Decision No. 403,033 [Mar. 26, 1991]), there is at least the existence of sufficient similar facts so as to require an explanation by the Board of why it reached different conclusions with respect to claimant herein and the claimant in the prior case, both officers and stockholders in family corporations, as to whether they were totally unemployed (see, Matter of Lafayette Stor. & Moving Corp. [Hart-nett], 77 NY2d 823). The matter must therefore be remitted to the Board to set forth the reasons why it reached a different result in this case (see, Matter of Casey [Larkfield Lottery— Hartnett] 140 AD2d 925).

Mikoll, J. P., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Ordered that the decision is reversed, with costs against the Commissioner of Labor, and matter remitted to the Unemployment Insurance Appeal Board for further proceedings not inconsistent with this court’s decision.

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Bluebook (online)

182 A.D.2d 942, 585 N.Y.S.2d 715, 1992 N.Y. App. Div. LEXIS 5730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-mackearin-nyappdiv-1992.

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