In re the Claim of Minichello

Appellate Division of the Supreme Court of New York

In re the Claim of Minichello

32 A.D.2d 581, 299 N.Y.S.2d 73, 1969 N.Y. App. Div. LEXIS 4204

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

DecidedApril 21, 1969

StatusPublished

This text of 32 A.D.2d 581 (In re the Claim of Minichello) 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 Minichello, 32 A.D.2d 581, 299 N.Y.S.2d 73, 1969 N.Y. App. Div. LEXIS 4204 (N.Y. Ct. App. 1969).

Pincite

Opinion

Greenblott, J.

Appeal by claimant from a decision of the Unemployment Insurance Appeal Board, filed October 29, 1968, which held her ineligible for unemployment insurance benefits. The decision is supported by substantial evidence that the employer was not liable for contributions with respect to appellant. Subdivision 1 of section 560 of the Labor Law provides that an employer shall become liable for contributions with respect to persons employed [582]*582in personal or domestic service in private homes only if he has paid to them remuneration in cash of $500 or more in any calendar quarter. Claimant was employed as a home companion from July 12, 1967 through December 1, 1967 at $39.50 per week, and received $459.70 in the third quarter of 1967, and worked nine weeks and received $345.25 in the fourth quarter. Since the employer never paid $500 or more in any calendar quarter, she never became liable for contributions under section 560 of the Labor Law. Decision affirmed, without costs. Gibson, P. J., Herlihy, Reynolds, Aulisi and Greenblott, JJ., concur in memorandum by Greenblott, J.

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Greenblott, J.

Appeal by claimant from a decision of the Unemployment Insurance Appeal Board, filed October 29, 1968, which held her ineligible for unemployment insurance benefits. The decision is supported by substantial evidence that the employer was not liable for contributions with respect to appellant. Subdivision 1 of section 560 of the Labor Law provides that an employer shall become liable for contributions with respect to persons employed [582]*582in personal or domestic service in private homes only if he has paid to them remuneration in cash of $500 or more in any calendar quarter. Claimant was employed as a home companion from July 12, 1967 through December 1, 1967 at $39.50 per week, and received $459.70 in the third quarter of 1967, and worked nine weeks and received $345.25 in the fourth quarter. Since the employer never paid $500 or more in any calendar quarter, she never became liable for contributions under section 560 of the Labor Law. Decision affirmed, without costs. Gibson, P. J., Herlihy, Reynolds, Aulisi and Greenblott, JJ., concur in memorandum by Greenblott, J.

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Bluebook (online)

32 A.D.2d 581, 299 N.Y.S.2d 73, 1969 N.Y. App. Div. LEXIS 4204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-minichello-nyappdiv-1969.