In re the Claim of Allen
Cases that cite this one
1 later published case cites this decision.
- Matter of Ormanian (Commissioner of Labor) (Appellate Division of the Supreme Court of New York 2018)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 5, 2003, which ruled that claimant was in
To be eligible to receive unemployment insurance benefits, a claimant must be ready, willing and able to work in his or her usual employment (see Labor Law § 591 [2]). Claimant asserted at the time that he filed for unemployment insurance benefits and at the hearing that he was unable to return to work as a correction officer due to his current medical condition of depression and anxiety resulting from this employment. Thus, substantial evidence supports the Unemployment Insurance Appeal Board’s decision finding claimant ineligible for benefits because he was unavailable for employment (see Matter of Messinger [Commissioner of Labor], 293 AD2d 903 [2002]; Matter of Kaminski [Sweeney], 233 AD2d 737 [1996]). We are unpersuaded by claimant’s contention that when he applied for unemployment insurance benefits no accommodation was made for his disability and he was treated unfairly.
Cardona, P.J., Crew III, Carpinello, Mugglin and Lahtinen, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.