Matter of Guarnieri (Commissioner of Labor)

Summary

The Appellate Division, Third Department, affirmed a determination that Victoria Guarnieri was ineligible for additional unemployment insurance benefits because she had not filed a subsequent valid original claim under Labor Law § 527 (6). The court held that payments received during periods of suspension did not constitute remuneration for work in employment because claimant performed no work during the relevant period. The court found substantial evidence supporting the Unemployment Insurance Appeal Board's determination.

Holdings

1. Payments received by a suspended employee do not constitute remuneration for work in employment when the employee performed no work during the suspension, and therefore do not count toward the statutory requirement for filing a subsequent valid original claim.
2. Substantial evidence supported the Board's determination that claimant had not worked in employment and received sufficient remuneration to file a subsequent valid original claim.

Questions Presented

1. Whether payments received during a paid suspension constituted remuneration for work in employment under Labor Law § 527(6), thereby satisfying the requirement for filing a subsequent valid original claim for unemployment benefits.
2. Whether substantial evidence supported the Unemployment Insurance Appeal Board's determination that claimant had not worked in employment and been paid sufficient remuneration to requalify for benefits.

Disposition

affirmed