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Matter of Malgieri

Appellate Division of the Supreme Court of New York, Third Department
Sep 7, 1995
219 A.D.2d 751 (N.Y. App. Div. 1995)

Opinion

September 7, 1995

Appeal from the Unemployment Insurance Appeal Board.


In support of his challenge to the administrative determination finding him ineligible to receive unemployment insurance benefits, claimant, the former County Attorney of Monroe County, asserts that he was not employed in a major nontenured policymaking or advisory position such as to be excluded from benefits. The undisputed evidence in the record establishes that claimant's duties included, inter alia, advising the County Executive on legal issues, preparing proposed bills for passage by the County Legislature, reorganizing personnel within the County Attorney's office and negotiating agreements concerning capital projects on behalf of the County. In view of these responsibilities, we find that substantial evidence supports the Board's finding that claimant was not engaged in covered employment necessary to qualify for benefits. We have considered claimant's remaining arguments and find them to be without merit.

Cardona, P.J., Mikoll, Mercure, Crew III and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Malgieri

Appellate Division of the Supreme Court of New York, Third Department
Sep 7, 1995
219 A.D.2d 751 (N.Y. App. Div. 1995)
Case details for

Matter of Malgieri

Case Details

Full title:In the Matter of PATRICK M. MALGIERI, Appellant. JOHN E. SWEENEY, as…

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

Date published: Sep 7, 1995

Citations

219 A.D.2d 751 (N.Y. App. Div. 1995)
631 N.Y.S.2d 85

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