In re the Claim of Tereshchuk

Appellate Division of the Supreme Court of New York

In re the Claim of Tereshchuk

235 A.D.2d 896, 653 N.Y.S.2d 170, 1997 N.Y. App. Div. LEXIS 537

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

DecidedJanuary 23, 1997

StatusPublished

Cited by1 cases

This text of 235 A.D.2d 896 (In re the Claim of Tereshchuk) 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 Tereshchuk, 235 A.D.2d 896, 653 N.Y.S.2d 170, 1997 N.Y. App. Div. LEXIS 537 (N.Y. Ct. App. 1997).

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Opinion

Appeal from a decision of the Unemploy[897]*897ment Insurance Appeal Board, filed October 18, 1995, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because he did not file a valid original claim.

Claimant was employed as a video producer at the United Nations from July 27, 1993 through January 7, 1994. After claimant filed for unemployment insurance benefits in March 1994, the Unemployment Insurance Appeal Board found him ineligible for benefits and charged him with a recoverable overpayment on the ground that he lacked the requisite number of weeks of employment by a covered employer (see, Labor Law § 527 [1], [2]). The United Nations is not a covered employer under the Labor Law (see, Labor Law §§ 512, 562) because it is not subject to the taxing authority of this State and so cannot be required to pay unemployment insurance taxes (see, US Const art VI; 22 USC § 288a [b]). We conclude that claimant was correctly found to be ineligible for benefits and that he was properly charged with a recoverable overpayment.

Cardona, P. J., Crew III, Yesawich Jr., Peters and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

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Appeal from a decision of the Unemploy[897]*897ment Insurance Appeal Board, filed October 18, 1995, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because he did not file a valid original claim.

Claimant was employed as a video producer at the United Nations from July 27, 1993 through January 7, 1994. After claimant filed for unemployment insurance benefits in March 1994, the Unemployment Insurance Appeal Board found him ineligible for benefits and charged him with a recoverable overpayment on the ground that he lacked the requisite number of weeks of employment by a covered employer (see, Labor Law § 527 [1], [2]). The United Nations is not a covered employer under the Labor Law (see, Labor Law §§ 512, 562) because it is not subject to the taxing authority of this State and so cannot be required to pay unemployment insurance taxes (see, US Const art VI; 22 USC § 288a [b]). We conclude that claimant was correctly found to be ineligible for benefits and that he was properly charged with a recoverable overpayment.

Cardona, P. J., Crew III, Yesawich Jr., Peters and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

235 A.D.2d 896, 653 N.Y.S.2d 170, 1997 N.Y. App. Div. LEXIS 537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-tereshchuk-nyappdiv-1997.

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