Legal Opinion

In re the Claim of McDuffie

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

Decided January 14, 1999PublishedCited by 4 opinions

1Opinion of the Court

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 29, 1997, which ruled that claimant was entitled to receive unemployment insurance benefits.

Claimant worked as a certified nurse’s aide for the employer, an Orthodox Jewish nursing home, for over 16 years. While traveling to work on June 5, 1994, claimant felt faint from fasting as part of her religious observance. Claimant purchased a donut from a shop and, upon arriving at work, sat down to eat the donut and drink a can of ginger ale to alleviate her symptoms. The employer’s administrator observed claimant…

2Cases cited3 opinions

  1. In re the Claim of SantaAppellate Division of the Supreme Court of the State of New York · 1997
  2. In re the Claim of SpencerAppellate Division of the Supreme Court of the State of New York · 1997
  3. In re the Claim of DunnAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by4 opinions

  1. In re the Claim of McKoyAppellate Division of the Supreme Court of the State of New York · 2006
  2. Claim of O'Shea v. Initial Cleaning ServiceAppellate Division of the Supreme Court of the State of New York · 2006
  3. In re the Claim of ChilelliAppellate Division of the Supreme Court of the State of New York · 2003
  4. In re the Claim of TomsAppellate Division of the Supreme Court of the State of New York · 2000

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