| Matter of Caradona (Commissioner of Labor) |
| 2023 NY Slip Op 05649 [221 AD3d 1168] |
| November 9, 2023 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of the Claim of Julie Caradona, Appellant. Commissioner of Labor, Respondent. |
Julie Caradona, Brightwaters, appellant pro se.
Letitia James, Attorney General, New York City (Linda D. Joseph of counsel), for respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 22, 2023, which ruled that claimant was not entitled to receive unemployment insurance benefits.
In October 2022, claimant filed a claim for unemployment insurance benefits, establishing a basic base period of July 1, 2021, to June 30, 2022, and an alternate base period of October 1, 2021, to September 30, 2022. The Department of Labor thereafter issued a determination finding claimant ineligible for benefits. Various proceedings ensued and, following a hearing, an Administrative Law Judge sustained the Commissioner's determination, finding that claimant was not eligible for benefits because she failed to file a valid original claim as required by Labor Law § 527. Upon administrative appeal, the Unemployment Insurance Appeal Board adopted the findings of fact and the opinion of the Administrative Law Judge, agreeing that claimant had failed to file a valid original claim using either the basic or alternate base periods. Claimant appeals.
We affirm. "Labor Law § 527 (1) and (2) set forth the requirements for
filing a valid original claim for unemployment insurance benefits under either the basic
condition or the alternate condition" (Matter of Best [Commissioner of Labor], 172 AD3d 1845,
1845 [3d Dept 2019] [internal quotation marks, brackets and citations omitted]; see Matter of DiGeorge
[Commissioner of Labor], 215 AD3d 1160, 1161 [3d Dept 2023]). "Both
conditions require a claimant to receive a specified amount of remuneration from
employment during at least two calendar quarters within the applicable base period and
require a claimant to receive remuneration of 1
At the hearing, claimant repeatedly testified that she did not work during the established base period for either the basic or the alternate condition, and that she had last worked in January 2021. As claimant admittedly did not work in at least two calendar quarters during either the basic or alternate base periods, she did not satisfy the requirements of Labor Law § 527 so as to establish a valid original claim for benefits (see Labor Law § 527 [1], [2]). Accordingly, substantial evidence supports the Board's decision finding claimant ineligible for unemployment insurance benefits (see Matter of Restrepo [Commissioner of Labor], 218 AD3d at 977; Matter of Mangiero [Commissioner of Labor], 197 AD3d 1458, 1458 [3d Dept 2021], lv denied 38 NY3d [*2]901 [2022]; Matter of Wells [Commissioner of Labor], 101 AD3d 1212, 1213 [3d Dept 2012]; Matter of Rodriguez [New York City Dept. of Educ.—Commissioner of Labor], 24 AD3d 934, 934 [3d Dept 2005]). Claimant's remaining contentions, to the extent not expressly addressed herein, have been considered and found to be without merit.
Lynch, J.P., Pritzker, Reynolds Fitzgerald, Fisher and Mackey, JJ. concur. Ordered that the decision is affirmed, without costs.