MATTER OF JAVINO

536101.

219 A.D.3d 1619 (2023)

196 N.Y.S.3d 225

2023 NY Slip Op 04693

In the Matter of the Claim of Joseph Javino, Appellant. Commissioner of Labor, Respondent.

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

Decided September 21, 2023.


Attorney(s) appearing for the Case

Joseph Javino, Calverton, appellant pro se.

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

Garry, P.J., Lynch, Aarons, Fisher and Powers, JJ., concur.


Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 13, 2022, which ruled, among other things, that claimant was ineligible to receive unemployment insurance benefits because he was not capable of working.

Claimant applied for unemployment insurance benefits in April 2020 and, based upon his representations in his application and subsequent weekly certifications, he received unemployment insurance benefits, as well as federal pandemic unemployment...

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