MATTER OF WEINGARTEN


242 A.D.2d 816 (1997)

661 N.Y.S.2d 681

In the Matter of the Claim of Esther Weingarten, Appellant. Mesivta Haichel Hatorah, Respondent; John E. Sweeney, as Commissioner of Labor, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

September 11, 1997


Claimant was employed as a teacher at a private Orthodox Jewish elementary school. After the program was terminated, claimant was found to be ineligible for unemployment insurance benefits pursuant to Labor Law § 563 (2) (c), which provides an exclusion from benefits for any "person employed at a place of religious worship * * * for the performance of duties of a religious nature". In our view, substantial evidence supports the Unemployment Insurance Appeal Board's ruling...

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