Legal Opinion

In re the Claim of Umpierre

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

Decided March 12, 2009PublishedCited by 4 opinions

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

  1. In re BernardAppellate Division of the Supreme Court of the State of New York · 2008
  2. In re the Claim of ChiricoAppellate Division of the Supreme Court of the State of New York · 2008
  3. In re Claim of ThomasAppellate Division of the Supreme Court of the State of New York · 2009
  4. In re the Claim of De RobbioAppellate Division of the Supreme Court of the State of New York · 2004
  5. In re the Claim of SextonAppellate Division of the Supreme Court of the State of New York · 2008

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Matter of Robinson (Commr. of Labor)Appellate Division of the Supreme Court of the State of New York · 2015
  2. In re the Claim of FelderAppellate Division of the Supreme Court of the State of New York · 2012
  3. In re RamdhaniAppellate Division of the Supreme Court of the State of New York · 2012
  4. In re RamdhaniAppellate Division of the Supreme Court of the State of New York · 2012

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