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MATTER OF LA MOUNTAIN (WESTPORT DIST)

51 N.Y.2d 318 (1980)

In the Matter of the Claim of Elizabeth La Mountain et al., Appellants. Westport Central School District, Respondent. Philip Ross, as Industrial Commissioner, Respondent. In the Matter of the Claim of Tina Williams, Appellant. Ithaca City School District, Respondent. Philip Ross, as Industrial Commissioner, Respondent. In the Matter of the Claim of Claire W. Hess, Appellant. Baldwinsville Central School District, Respondent. Philip Ross, as Industrial Commissioner, Respondent.

Court of Appeals of the State of New York.

Decided November 20, 1980.

Attorney(s) appearing for the Case

J. Michael Eadry and Bernard F. Ashe for Elizabeth La Mountain and others, appellants.

Janet Axelrod and Paul E. Klein for Tina Williams, appellant.

James Featherstonhaugh and Williams F. Reynolds for Claire W. Hess, appellant.

Robert Abrams, Attorney-General (Frederick M. Paola, Shirley Adelson Siegel and Paul S. Shemin of counsel), for Philip Ross, respondent in each of the proceedings.

Harry T. Shaw for Westport Central School District, respondent.

Thomas J. Grooms and Joseph R. Cook for Ithaca City School District, respondent.

Edward J. Moses for Baldwinsville Central School District, respondent.

Beverly Gross and Carlin Meyer for District Council 37, AFSCME, amicus curiae in the first above-entitled proceeding.

Harvey Mandelkern for New York State School Board Association, Inc., amicus curiae in the first above-entitled proceeding.

Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and MEYER concur with Judge JONES; Chief Judge COOKE dissents and votes to reverse in a separate opinion.

JONES, J.

A determination by the Unemployment Insurance Appeal Board that a nonprofessional employee of a school district is ineligible for unemployment benefits in weeks between academic years will not be disturbed when the employee, who is a member of a collective bargaining unit, has received a written notice that his or her employment will be continued during the following year, although no provision assuring...

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