MATTER OF FIORINO


34 A.D.3d 892 (2006)

823 N.Y.S.2d 294

In the Matter of the Claim of JOSEPH T. FIORINO, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided November 2, 2006.


As the result of a back injury, claimant stopped working for the employer on December 3, 2003 and began receiving workers' compensation benefits. He subsequently filed a claim for unemployment insurance benefits effective September 19, 2005. An Administrative Law Judge ruled that he was unable to file a valid original claim under Labor Law § 527 because he did not have sufficient earnings in his extended base period. The Unemployment Insurance Appeal Board affirmed the...

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