MATTER OF KELLY

535731.

215 A.D.3d 1157 (2023)

188 N.Y.S.3d 730

2023 NY Slip Op 02046

In the Matter of the Claim of Mary Jean Kelly, Appellant. Commissioner of Labor, Respondent.

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

Decided April 20, 2023.


Attorney(s) appearing for the Case

Mary Jean Kelly, Cheektowaga, appellant pro se.

Letitia James , Attorney General, New York City ( Linda D. Joseph of counsel), for respondent.

Egan Jr., J.P., Lynch, Reynolds Fitzgerald, Ceresia and McShan, JJ., concur.


Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 16, 2021, which, among other things, ruled that claimant was ineligible to receive unemployment insurance benefits because she was not totally unemployed.

Claimant worked as a full-time teaching assistant for her employer, a school district, and also worked part time as a home instruction teacher. After being furloughed from her part-time position in March 2020 due to the COVID-19 pandemic...

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