In re the Claim of Van Teslaar

The issue raised on this appeal is the proper construction of section 599 of the Labor Law, concerning eligibility for unemployment insurance while in vocational training. The underlying, and controlling, question is whether unemployment insurance was meant to cover a situation where the claimant is technically ‘1 unemployed ’ ’ but yet is receiving funds from an employer-union source while in attendance at vocational training.

*314Section 591 of the Labor Law, 1 ‘ Eligibility for benefits”, provides that in order to collect unemployment benefits a claimant must be 11 capable of work ’ ’ and ‘1…