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Matter of Cardo

Appellate Division of the Supreme Court of New York, Third Department
Feb 25, 1993
190 A.D.2d 978 (N.Y. App. Div. 1993)

Opinion

February 25, 1993

Appeal from the Unemployment Insurance Appeal Board.


Claimant was employed on a part-time basis as a teacher during the 1990-1991 academic year. Claimant's job ended for the year on June 21, 1991 and he contends that he was given the impression at that time that he would be rehired in the fall. Claimant did not apply for unemployment insurance benefits until August 9, 1991, when he was informed that he would not be rehired.

Claimant was initially determined ineligible to receive benefits due to his failure to comply with the applicable registration requirements. After a hearing, the Administrative Law Judge (hereinafter ALJ) sustained the initial determination, finding that "[o]nly misinformation given by a representative of a local office can excuse a claimant from failing to comply with registration requirements". The Unemployment Insurance Appeal Board affirmed the ALJ's decision and further found that claimant's belief that he would be held ineligible to receive benefits did not excuse his failure to register. This appeal by claimant followed.

There must be a reversal. We have previously held that employer misinformation may constitute good cause for failing to timely register for benefits (see, Matter of Bashe [Roberts], 122 A.D.2d 415; Matter of Maniace [Roberts], 88 A.D.2d 1025, 1026; Matter of Beck [Ross], 72 A.D.2d 867, 868) and, therefore, the ALJ's decision, which was adopted by the Board, clearly was based upon an erroneous statement and application of the law (see, Matter of Bashe [Roberts], supra, at 416). Accordingly, the Board's decision must be reversed.

Mikoll, J.P., Yesawich Jr., Mercure and Harvey, JJ., concur. Ordered that the decision is reversed, with costs, and matter remitted to the Unemployment Insurance Appeal Board for further proceedings not inconsistent with this Court's decision.


Summaries of

Matter of Cardo

Appellate Division of the Supreme Court of New York, Third Department
Feb 25, 1993
190 A.D.2d 978 (N.Y. App. Div. 1993)
Case details for

Matter of Cardo

Case Details

Full title:In the Matter of the Claim of MIKE CARDO, Appellant. JOHN F. HUDACS, as…

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

Date published: Feb 25, 1993

Citations

190 A.D.2d 978 (N.Y. App. Div. 1993)
594 N.Y.S.2d 364

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