In re the Claim of Schulz

Appellate Division of the Supreme Court of New York

In re the Claim of Schulz

300 A.D.2d 729, 750 N.Y.S.2d 535, 2002 N.Y. App. Div. LEXIS 11636

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

DecidedDecember 5, 2002

StatusPublished

This text of 300 A.D.2d 729 (In re the Claim of Schulz) 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 Schulz, 300 A.D.2d 729, 750 N.Y.S.2d 535, 2002 N.Y. App. Div. LEXIS 11636 (N.Y. Ct. App. 2002).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 26, 2002, which ruled that claimant was ineligible to receive unemployment insurance benefits because he failed to file a valid original claim.

We find no reason to disturb the decision of the Unemployment Insurance Appeal Board ruling that claimant was ineligible to receive unemployment insurance benefits because he was unable to file a valid original claim for benefits. Inasmuch as the record establishes that claimant’s base period earnings are not IV2 times his highest calendar quarter of $10,375.51 (see Labor Law § 527 [1] [d]), substantial evidence supports the Board’s decision. The circumstances surrounding claimant’s separation from his employment are not properly before this Court.

Mercure, J.P., Peters, Rose, Lahtinen 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 26, 2002, which ruled that claimant was ineligible to receive unemployment insurance benefits because he failed to file a valid original claim.

We find no reason to disturb the decision of the Unemployment Insurance Appeal Board ruling that claimant was ineligible to receive unemployment insurance benefits because he was unable to file a valid original claim for benefits. Inasmuch as the record establishes that claimant’s base period earnings are not IV2 times his highest calendar quarter of $10,375.51 (see Labor Law § 527 [1] [d]), substantial evidence supports the Board’s decision. The circumstances surrounding claimant’s separation from his employment are not properly before this Court.

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

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Bluebook (online)

300 A.D.2d 729, 750 N.Y.S.2d 535, 2002 N.Y. App. Div. LEXIS 11636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-schulz-nyappdiv-2002.

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