MATTER OF ALLEN


2 A.D.3d 951 (2003)

767 N.Y.S.2d 682

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

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

December 4, 2003.


To be eligible to receive unemployment insurance benefits, a claimant must be ready, willing and able to work in his or her usual employment (see Labor Law § 591 [2]). Claimant asserted at the time that he filed for unemployment insurance benefits and at the hearing that he was unable to return to work as a correction officer due to his current medical condition of depression and anxiety resulting from this employment. Thus, substantial evidence supports the Unemployment...

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