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Matter of the Claim of Guerin

Appellate Division of the Supreme Court of New York, Third Department
Jan 14, 1999
257 A.D.2d 797 (N.Y. App. Div. 1999)

Opinion

January 14, 1999.

Appeal from the Unemployment Insurance Appeal Board.


Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was ineligible to receive benefits from May 6, 1996 through August 18, 1996 because she failed to comply with the reporting and registration requirements of the local unemployment office. Despite having read the back of the initial decision finding claimant ineligible to receive benefits, which directed that she continue to certify for benefits if she remained unemployed, claimant stopped certifying for benefits based on her belief that she lacked the necessary evidence to support her position. Although claimant alleged at the hearing that she was advised by a local representative of the local unemployment office that she no longer needed to register for benefits, the local representative testified to the contrary, thereby creating a credibility, issue for the Board to resolve (see, Matter of Burger [Commissioner of Labor], 253 A.D.2d 953). Under the circumstances presented here, we find no reason to disturb the finding that claimant failed to demonstrate good cause for not complying with the reporting and registration requirements (see, e.g., Matter of Stabile [Commissioner of Labor], 250 A.D.2d 906; Matter of Falco [Sweeney], 226 A.D.2d 878).

Mikoll, J. P., Mercure, Crew III, Yesawich Jr. and Graffeo, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Guerin

Appellate Division of the Supreme Court of New York, Third Department
Jan 14, 1999
257 A.D.2d 797 (N.Y. App. Div. 1999)
Case details for

Matter of the Claim of Guerin

Case Details

Full title:In the Matter of the Claim of DEBORAH G. GUERIN, Appellant. COMMISSIONER…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 14, 1999

Citations

257 A.D.2d 797 (N.Y. App. Div. 1999)
683 N.Y.S.2d 653

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