Legal Opinion

In re the Claim of Pastore

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

Decided December 24, 2003PublishedCited by 2 opinions

1Opinion of the CourtCrew Iii, J.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 21, 2003, which ruled that claimant was ineligible to receive unemployment insurance benefits because she was not available for employment.

A claimant must be ready, willing and able to work in his or her usual employment in order to be eligible to receive unemployment insurance benefits (see Labor Law § 591 [2]), and this Court has held that a lack of child care arrangements for a particular time period can render a claimant unavailable for work (see Matter of McCarthy [Sweeney], 213 AD2d 912 [1995]). When this…

2Cases cited1 opinion

  1. In re the Claim of McCarthyAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by2 opinions

  1. Matter of Peek (Commr. of Labor)Appellate Division of the Supreme Court of the State of New York · 2015
  2. In re the Claim of JohnsonAppellate Division of the Supreme Court of the State of New York · 2006

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