Legal Opinion

In re the Claim of Mackearin

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

Decided April 9, 1992Published

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 2, 1991, which ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

While there may be distinctions between this case and another case previously decided by the Unemployment Insurance Appeal Board (see, Matter of Sivilli, Unemployment Insurance Appeal Board Decision No. 403,033 [Mar. 26, 1991]), there is at least the existence of sufficient similar facts so as to require an explanation by the Board of why it reached different conclusions with respect to…

2Cases cited2 opinions

  1. Matter of Lafayette Storage & Moving Corp.New York Court of Appeals · 1991
  2. In re the Claim of CaseyAppellate Division of the Supreme Court of the State of New York · 1988

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