MATTER OF MAY


288 A.D.2d 538 (2001)

731 N.Y.S.2d 810

In the Matter of the Claim of DANIEL MAY, Respondent. FRANK RIBAUDO, Doing Business as WORLD OF WINDOWS, Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided November 1, 2001.


Claimant worked as an installer of replacement windows for a business owned by Frank Ribaudo. After his discharge in November 1998, the Commissioner of Labor ruled that claimant and all other employees similarly situated were eligible for unemployment insurance benefits based on remuneration received from Ribaudo. This initial determination of the Commissioner was filed and mailed to the parties on May 20, 1999. On January 14, 2000, almost eight months later, Ribaudo requested...

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