In re the Claim of Ventura
Cases that cite this one
7 later published cases cite this decision.
- Matter of Joshi (Commissioner of Labor) (Appellate Division of the Supreme Court of New York 2021)
- Matter of DeStefan (Commissioner of Labor) (Appellate Division of the Supreme Court of New York 2017)
- Matter of Roberts (Commr. of Labor) (Appellate Division of the Supreme Court of New York 2015)
- In re the Claim of Draxdorf (Appellate Division of the Supreme Court of New York 2014)
- In re the Claim of Draxdorf (Appellate Division of the Supreme Court of New York 2014)
- In re Ramdhani (Appellate Division of the Supreme Court of New York 2012)
- In re Ramdhani (Appellate Division of the Supreme Court of New York 2012)
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 August 5, 2010, which ruled that claimant was ineligible to receive unemployment insurance benefits because she did not comply with certification and registration requirements.
Claimant filed an original claim for unemployment insurance benefits via telephone on June 9, 2008. She certified for benefits for the weeks ending June 15, 2008 and June 22, 2008. On June 23, 2008, claimant received a notice of determination which denied her benefits due to misconduct and advised her of her right to a hearing. Claimant requested a hearing and, based upon the alleged representations of a Department of Labor representative that she did not have to certify for benefits during the pendency of the hearing, she stopped certifying for benefits. She started registering and certifying for benefits again after her claim was resolved. The Unemployment Insurance Appeal Board subsequently ruled that claimant was ineligible to receive benefits for the time period June 23 through 29, 2008 and for the time period June 30, 2008 through April 26, 2009, due to her failure to comply with certification and registration requirements. Claimant appeals.
We affirm. It is well established that “ ‘registering and certifying for benefits in accordance with the Labor Law and the applicable regulations is a necessary prerequisite to eligibility for benefits’ ” (Matter of Dixon-Weaver [Commissioner of Labor], 67 AD3d 1243, 1244 [2009], quoting Matter of Newman [Commissioner of Labor], 23 AD3d 816, 816 [2005]; see Labor Law § 596; 12 NYCRR 473.1, 473.2, 473.3). “Whether good cause exists to
Spain, J.P., Lahtinen, Kavanagh, McCarthy and Egan Jr., JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.