MATTER OF PAPAPIETRO

524954.

156 A.D.3d 1048 (2017)

66 N.Y.S.3d 363

2017 NY Slip Op 08596

In the Matter of the Claim of JOHN PAPAPIETRO, Appellant. ROCHESTER CITY SCHOOL DISTRICT, Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided December 7, 2017.


Claimant worked as a per diem substitute teacher for the Rochester City School District (hereinafter the employer) during the 2014-2015 school year. In the week immediately prior to a holiday recess at the end of December 2015, claimant worked at least three days. Claimant applied for unemployment insurance benefits due to a "lack of work" related to the recess. The Department of Labor made an initial determination that claimant was ineligible for benefits because, pursuant...

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