In re the Claim of Tsaganea

Appellate Division of the Supreme Court of New York

In re the Claim of Tsaganea

279 A.D.2d 924, 720 N.Y.S.2d 585, 2001 N.Y. App. Div. LEXIS 723

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

DecidedJanuary 25, 2001

StatusPublished

Cited by2 cases

This text of 279 A.D.2d 924 (In re the Claim of Tsaganea) 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 Tsaganea, 279 A.D.2d 924, 720 N.Y.S.2d 585, 2001 N.Y. App. Div. LEXIS 723 (N.Y. Ct. App. 2001).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 21, 1999, which ruled that claimant was ineligible to receive unemployment insurance benefits because he had a reasonable assurance of continued employment.

While teaching during the Spring 1999 semester, claimant, an adjunct professor, accepted the employer’s offer to teach two classes in the Fall 1999 semester. Although the employment was conditioned upon sufficient student enrollment, claimant ultimately taught the classes. Substantial evidence supports the ruling that claimant had been given reasonable assurances of employment for the Fall 1999 semester rendering him ineli[925]*925gible to receive unemployment insurance benefits during the summer pursuant to Labor Law § 590 (10) (see, Matter of Whiting [Sweeney], 243 AD2d 904). Furthermore, notwithstanding claimant’s contention to the contrary, the two intervening 1999 summer sessions are not considered academic sessions for the purpose of Labor Law § 590 (10) (see, Matter of Alexander [Roberts], 136 AD2d 788).

Peters, J. P., Spain, Carpinello, Mugglin and Rose, 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 December 21, 1999, which ruled that claimant was ineligible to receive unemployment insurance benefits because he had a reasonable assurance of continued employment.

While teaching during the Spring 1999 semester, claimant, an adjunct professor, accepted the employer’s offer to teach two classes in the Fall 1999 semester. Although the employment was conditioned upon sufficient student enrollment, claimant ultimately taught the classes. Substantial evidence supports the ruling that claimant had been given reasonable assurances of employment for the Fall 1999 semester rendering him ineli[925]*925gible to receive unemployment insurance benefits during the summer pursuant to Labor Law § 590 (10) (see, Matter of Whiting [Sweeney], 243 AD2d 904). Furthermore, notwithstanding claimant’s contention to the contrary, the two intervening 1999 summer sessions are not considered academic sessions for the purpose of Labor Law § 590 (10) (see, Matter of Alexander [Roberts], 136 AD2d 788).

Peters, J. P., Spain, Carpinello, Mugglin and Rose, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

279 A.D.2d 924, 720 N.Y.S.2d 585, 2001 N.Y. App. Div. LEXIS 723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-tsaganea-nyappdiv-2001.

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