In re the Claim of Pastore
Opinion of the Court
—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 usual employment in order to be eligible to receive unemployment insurance benefits (see Labor Law § 591 [2]) and a lack of child care arrangements for a particular time frame can render a claimant unavailable for work (see Matter of McCarthy [Sweeney], 213 AD2d 912 [1995]). Here, claimant asserts that she was completely denied benefits. Reviewing the Board’s decision, however, it is unclear whether claimant was completely ineligible to receive unemployment insurance benefits or just ineligible on the two dates that she was without child care. Accordingly, we must withhold our decision and remit the matter to the Board for a clarification as to whether claimant’s unavailability on October 11, 2002 and October 18, 2002 precluded any receipt of unemployment insurance benefits or just for the two days she was unavailable for work.
Cardona, P.J., Crew III, Spain, Carpinello and Lahtinen, JJ., concur. Ordered that the decision is withheld, and matter remitted to the Unemployment Insurance Appeal Board for further proceedings not inconsistent with this Court’s decision.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.