MATTER OF MONDIELLO


268 A.D.2d 762 (2000)

702 N.Y.S.2d 170

In the Matter of the Claim of MICHELE MONDIELLO, Appellant. NEW TIMES SECURITIES, INC., Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided January 13, 2000.


Claimant worked for 10 weeks as a financial advisor for a seller of investment products and then quit because of a dispute with the employer over her wages. The Unemployment Insurance Appeal Board found that claimant had been employed on a straight commission basis, with a weekly draw limited to a total of $1,500, and that she quit when her weekly draw ran out despite the availability of continuing work on a straight commission basis. There is substantial evidence in the...

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