In re the Claim of Pino

Appellate Division of the Supreme Court of New York

In re the Claim of Pino

32 A.D.3d 1104, 820 N.Y.S.2d 819

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

DecidedSeptember 21, 2006

StatusPublished

This text of 32 A.D.3d 1104 (In re the Claim of Pino) 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 Pino, 32 A.D.3d 1104, 820 N.Y.S.2d 819 (N.Y. Ct. App. 2006).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 17, 2005, which ruled that claimant was eligible to receive unemployment insurance benefits.

After claimant stopped working for the employer, he applied for and received unemployment insurance benefits from June 2003 through December 2003. The employer objected to claimant’s receipt of benefits and extended administrative proceedings ensued, culminating in a decision by the Unemployment Insurance Appeal Board overruling the employer’s objection that claimant was not totally unemployed during the time period in question and finding that he was eligible to receive benefits. It is from this decision that the employer now appeals.

On this appeal, the employer contends that claimant should have been disqualified from receiving benefits due to misconduct and challenges a prior Board decision that purportedly failed to [1105]*1105consider evidence on this issue. The employer, however, did not timely appeal the Board’s prior decision, and the decision before us does not address the issue of misconduct. Consequently, any arguments related thereto are not properly before this Court (see Matter of Maldonado [Commissioner of Labor], 260 AD2d 885, 886 [1999]).

Mercure, J.P., Crew III, Mugglin, Rose and Kane, 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 March 17, 2005, which ruled that claimant was eligible to receive unemployment insurance benefits.

After claimant stopped working for the employer, he applied for and received unemployment insurance benefits from June 2003 through December 2003. The employer objected to claimant’s receipt of benefits and extended administrative proceedings ensued, culminating in a decision by the Unemployment Insurance Appeal Board overruling the employer’s objection that claimant was not totally unemployed during the time period in question and finding that he was eligible to receive benefits. It is from this decision that the employer now appeals.

On this appeal, the employer contends that claimant should have been disqualified from receiving benefits due to misconduct and challenges a prior Board decision that purportedly failed to [1105]*1105consider evidence on this issue. The employer, however, did not timely appeal the Board’s prior decision, and the decision before us does not address the issue of misconduct. Consequently, any arguments related thereto are not properly before this Court (see Matter of Maldonado [Commissioner of Labor], 260 AD2d 885, 886 [1999]).

Mercure, J.P., Crew III, Mugglin, Rose and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

32 A.D.3d 1104, 820 N.Y.S.2d 819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-pino-nyappdiv-2006.

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