In re the Claim of Rivera

Appellate Division of the Supreme Court of New York

In re the Claim of Rivera

65 A.D.3d 1419, 885 N.Y.S.2d 231

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

DecidedSeptember 17, 2009

StatusPublished

This text of 65 A.D.3d 1419 (In re the Claim of Rivera) 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 Rivera, 65 A.D.3d 1419, 885 N.Y.S.2d 231 (N.Y. Ct. App. 2009).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 6, 2009, which ruled that claimant was ineligible to receive additional unemployment insurance benefits pursuant to Labor Law § 599.

Claimant was formerly employed as a project manager and administrative assistant for a construction company earning $60,000 per year. After being approved for regular unemployment benefits, claimant applied for career training benefits pursuant to Labor Law § 599 (1) to pursue a Bachelor’s degree in psychology for the purpose of becoming a school guidance counselor. After various proceedings, the Unemployment Insurance Appeal Board denied her application and claimant now appeals.

We affirm. To be eligible for additional training benefits, as relevant here, a claimant must engage in training that “will upgrade the claimant’s existing skill or train the claimant for an occupation likely to lead to more regular long term employment” (Labor Law § 599 [1] [a] [1]) or there must be a showing that employment opportunities for the claimant are or may be impaired because of “existing or prospective conditions of the labor market” (Labor Law § 599 [1] [a] [2] [i]; see Matter of Schroder [Commissioner of Labor], 38 AD3d 1142, 1142-1143 [2007]; Matter of Alduen [Commissioner of Labor], 26 AD3d 579, 579-580 [2006]). Evidence was introduced at the administrative hearing that the market for administrative assistants is expected to show considerable growth in the New York City region in the coming years and claimant acknowledged during the hearing that job opportunities in this field were “very common.” As a result, we find that substantial evidence supports the Board’s decision to deny claimant benefits (see Matter of Alduen [Commissioner of Labor], 26 AD3d at 580).

Cardona, P.J., Peters, Rose, Kane and McCarthy, JJ., concur. Ordered that the decision is affirmed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 6, 2009, which ruled that claimant was ineligible to receive additional unemployment insurance benefits pursuant to Labor Law § 599.

Claimant was formerly employed as a project manager and administrative assistant for a construction company earning $60,000 per year. After being approved for regular unemployment benefits, claimant applied for career training benefits pursuant to Labor Law § 599 (1) to pursue a Bachelor’s degree in psychology for the purpose of becoming a school guidance counselor. After various proceedings, the Unemployment Insurance Appeal Board denied her application and claimant now appeals.

We affirm. To be eligible for additional training benefits, as relevant here, a claimant must engage in training that “will upgrade the claimant’s existing skill or train the claimant for an occupation likely to lead to more regular long term employment” (Labor Law § 599 [1] [a] [1]) or there must be a showing that employment opportunities for the claimant are or may be impaired because of “existing or prospective conditions of the labor market” (Labor Law § 599 [1] [a] [2] [i]; see Matter of Schroder [Commissioner of Labor], 38 AD3d 1142, 1142-1143 [2007]; Matter of Alduen [Commissioner of Labor], 26 AD3d 579, 579-580 [2006]). Evidence was introduced at the administrative hearing that the market for administrative assistants is expected to show considerable growth in the New York City region in the coming years and claimant acknowledged during the hearing that job opportunities in this field were “very common.” As a result, we find that substantial evidence supports the Board’s decision to deny claimant benefits (see Matter of Alduen [Commissioner of Labor], 26 AD3d at 580).

Cardona, P.J., Peters, Rose, Kane and McCarthy, JJ., concur. Ordered that the decision is affirmed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

65 A.D.3d 1419, 885 N.Y.S.2d 231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-rivera-nyappdiv-2009.

Opinion

Related

Cite This Page — Counsel Stack