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MATTER OF ALLEN (COMMR. OF LABOR)

100 N.Y.2d 282 (2003)

794 N.E.2d 18

763 N.Y.S.2d 237

In the Matter of the Claim of MAXINE ALLEN, Appellant. COMMISSIONER OF LABOR, Respondent.

Court of Appeals of the State of New York.

Decided July 2, 2003.

Attorney(s) appearing for the Case

Maxine E. Allen, appellant pro se.

Eliot Spitzer, Attorney General, New York City (Dawn A. Foshee, Caitlin J. Halligan, M. Patricia Smith and Steven Koton of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, CIPARICK, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

READ, J.

We are asked to decide whether an employee who regularly works from her out-of-state residence by electronic linkup to her employer's workplace in New York is entitled to receive unemployment insurance benefits from New York. We conclude that, under the New York Unemployment Insurance Law (Labor Law art 18), the employee is ineligible for these benefits.

I.

Claimant...

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