the Claim of Feldberg

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 24, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner ruling claimant ineligible to receive special unemployment assistance benefits effective April 28, 1975 on the ground that he was not totally unemployed. Claimant, a law assistant in a branch of the Supreme Court in New York City, asserts a right to unemployment benefits during a period he was receiving terminated leave payments from his employer. In Matter of Berger (Levine) (53 AD2d 730) this…