Legal Opinion

In re the Claim of Allen

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

Decided December 4, 2003PublishedCited by 1 opinion

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 5, 2003, which ruled that claimant was in*952eligible to receive unemployment insurance benefits because he was not available for employment.

To be eligible to receive unemployment insurance benefits, a claimant must be ready, willing and able to work in his or her usual employment (see Labor Law § 591 [2]). Claimant asserted at the time that he filed for unemployment insurance benefits and at the hearing that he was unable to return to work as a correction officer due to his current medical condition of depression and…

2Cases cited2 opinions

  1. In re the Claim of KaminskiAppellate Division of the Supreme Court of the State of New York · 1996
  2. In re the Claim of Cynthia A.Appellate Division of the Supreme Court of the State of New York · 2002

3Cited by1 opinion

  1. Matter of Ormanian (Commissioner of Labor)Appellate Division of the Supreme Court of the State of New York · 2018

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