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In re Bernard

Appellate Division of the Supreme Court of New York, Third Department
Jun 26, 2008
863 N.Y.S.2d 91 (N.Y. App. Div. 2008)

Opinion

No. 503870.

June 26, 2008.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 4, 2007, which ruled that claimant was ineligible to receive unemployment insurance benefits because he was employed in a major nontenured policymaking or advisory position within the meaning of Labor Law § 565 (2) (e).

Bernard D. Shaprio, East Norwich, appellant pro se.

Levanthal and Sliney, L.L.P., Roslyn (Steven G. Levanthal of counsel), for Incorporated Village of Muttontown, respondent.

Before: Mercure, J.P., Peters, Spain, Kane and Malone Jr., JJ.


Substantial evidence supports the Unemployment Insurance Appeal Board's decision that claimant was ineligible to receive unemployment insurance benefits. The record reveals that claimant worked for the Incorporated Village of Muttontown as the Village Administrator. It is not disputed that the employer is a governmental entity and that claimant's position was untenured. Moreover, the powers and duties of the position of Village Administrator were delineated by Local Law No. 1 (2005) of the Village of Muttontown, which included provisions establishing advisory and policymaking aspects of the job. Given the foregoing, the Board properly determined that Labor Law § 565 (2) (e) precluded claimant from obtaining benefits ( see Matter of Newell [County of Nassau — Commissioner of Labor], 9 AD3d 559, 560, lv denied 3 NY3d 610). Accordingly, we decline to disturb the Board's decision.

Ordered that the decision is affirmed, without costs.


Summaries of

In re Bernard

Appellate Division of the Supreme Court of New York, Third Department
Jun 26, 2008
863 N.Y.S.2d 91 (N.Y. App. Div. 2008)
Case details for

In re Bernard

Case Details

Full title:In the Matter of the Claim of BERNARD D. SHAPIRO, Appellant. INCORPORATED…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 26, 2008

Citations

863 N.Y.S.2d 91 (N.Y. App. Div. 2008)
863 N.Y.S.2d 91
2008 N.Y. Slip Op. 5845

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