In re the Claim of Umpierre
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 2, 2008, which ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.
Whether a claimant is totally unemployed presents a factual issue for the Unemployment Insurance Appeal Board to resolve, and its determination in this regard, if supported by substantial evidence in the record as a whole, will not be disturbed (see Matter of Bernard [Commissioner of Labor], 53 AD3d 1006 [2008]; Matter of Chirico [Commissioner of Labor], 49 AD3d 1104, 1105 [2008]; see…
2Cases cited6 opinions
- In re BernardAppellate Division of the Supreme Court of the State of New York · 2008
- In re the Claim of ChiricoAppellate Division of the Supreme Court of the State of New York · 2008
- In re Claim of ThomasAppellate Division of the Supreme Court of the State of New York · 2009
- In re the Claim of De RobbioAppellate Division of the Supreme Court of the State of New York · 2004
- In re the Claim of SextonAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by4 opinions
- Matter of Robinson (Commr. of Labor)Appellate Division of the Supreme Court of the State of New York · 2015
- In re the Claim of FelderAppellate Division of the Supreme Court of the State of New York · 2012
- In re RamdhaniAppellate Division of the Supreme Court of the State of New York · 2012
- In re RamdhaniAppellate Division of the Supreme Court of the State of New York · 2012