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MATTER OF GRUBER (NYC PERS. DEPT.)

89 N.Y.2d 225 (1996)

674 N.E.2d 1354

652 N.Y.S.2d 589

In the Matter of the Claim of David Gruber, Respondent. New York City Department of Personnel, Appellant; John E. Sweeney, as Commissioner of Labor, Respondent. In the Matter of the Claim of Kent A. Greene, Respondent. New York City Department of Personnel, Appellant; John E. Sweeney, as Commissioner of Labor, Respondent.

Court of Appeals of the State of New York.

Decided November 26, 1996.

Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Ellen Ravitch and Stephen J. McGrath of counsel), for appellant in the first and second above-entitled proceedings.

Francis J. Smith, Jr., Albany, for David Gruber, respondent in the first above-entitled proceeding.

McNamee, Lochner, Titus & Williams, P. C., Albany (David J. Wukitsch of counsel), for Kent A. Greene, respondent in the second above-entitled proceeding.

Dennis C. Vacco, Attorney-General, Brooklyn (Steven Segall, Barbara G. Billet, Peter H. Schiff, Daniel F. De Vita and Steven Koton of counsel), for John E. Sweeney, respondent in the first and second above-entitled proceedings.

Chief Judge KAYE and Judges SIMONS, BELLACOSA and SMITH concur with Judge TITONE; Judge LEVINE dissents and votes to affirm in a separate opinion in which Judge CIPARICK concurs.

TITONE, J.

Labor Law § 593 (1) provides that claimants will be disqualified from receiving unemployment insurance benefits if they voluntarily separate without good cause from their "last employment" prior to the filing of an unemployment claim. In each of these two cases, the Unemployment Insurance Appeal Board determined that the words "last employment" as used in that section did not refer to the last...

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