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MATTER OF OVERACKER

535118.

213 A.D.3d 1127 (2023)

184 N.Y.S.3d 845

2023 NY Slip Op 00912

In the Matter of the Claim of Brigitte Overacker, Appellant. Churchville-Chili Central School District, Respondent. Commissioner of Labor, Respondent.

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

Decided February 16, 2023.

Attorney(s) appearing for the Case

Rothman Rocco LaRuffa, LLP, Elmsford ( Elise S. Feldman of counsel), for appellant.

Lynda M. VanCoske , Monroe 2-Orleans Board of Cooperative Education Services, Spencerport, for Churchville-Chili Central School District, respondent.

Letitia James , Attorney General, New York City ( Gary Leibowitz of counsel), for Commissioner of Labor, respondent.

Egan Jr., J.P., Lynch, Clark and Ceresia, JJ., concur.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 8, 2021, which ruled, among other things, that claimant was ineligible to receive unemployment insurance benefits because she was not totally unemployed.

Claimant has worked as a bus driver for the employer, a public school district, for over 30...

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