Appellate Division of the Supreme Court of New York, 1995

In re the Claim of Pellegrini

In re the Claim of Pellegrini
Appellate Division of the Supreme Court of New York · Decided August 10, 1995
218 A.D.2d 893; 630 N.Y.S.2d 420; 1995 N.Y. App. Div. LEXIS 8647
In re the Claim of Pellegrini

Opinion of the Court

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 22, 1994, which ruled that claimant was entitled to receive unemployment insurance benefits.

Claimant was employed as a cleaning woman by the employer, a religious not-for-profit organization that operates a ritual bath. Claimant was required to clean the bathrooms and do laundry, but was not involved in any of the ritual religious activities carried on by the employer. Another woman was responsible for the ritualistic aspects of the baths and was in charge of the facility. We find that substantial evidence supports the Board’s determination that claimant was strictly a cleaning woman and not a caretaker excluded from coverage under Labor Law § 563 (2) (c).

Cardona, P. J., Mikoll, Mercure, Casey and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.