Opinion
February 20, 1962
Present — Bergan, P.J., Coon, Herlihy, Reynolds and Taylor, JJ.
Appeal by claimant from a decision of the Unemployment Insurance Appeal Board holding claimant ineligible for benefits for the period October 3, 1960 to October 9, 1960 for failure to qualify under the provisions of subdivision 2 of section 527 Lab. of the Labor Law and denying claimant's request to predate her claim to October 3, 1960. Claimant, over 65 and receiving old-age benefits, worked as a bookkeeper for the employer herein for a period of 12 years prior to January 15, 1960 when she was forced to cease work due to illness. Claimant received disability benefits as a result of illness from January, 1960 till they were exhausted in July, 1960. She remained under medical care till September 28, 1960 when her physician certified that she was able to work. On October 10, 1960 claimant filed for unemployment insurance benefits. Using the period October 12, 1959 to October 9, 1960 as her base period, claimant would not have the requisite 15 weeks to qualify her filing as a "valid original claim" (Labor Law, § 527, subd. 2). Claimant then attempted to have her claim predated to October 3, 1960 and thus provide the necessary 15 weeks. This application was denied on the grounds that claimant's delay in filing had not been caused by any information received from the insurance office or by physical incapacity but rather because she was not willing to accept employment prior to October 10. The only reasons adduced for claimant's delay in filing was that she wanted another week to make sure she was fit prior to returning to the labor market and that she was not aware of the mechanics of the Labor Law, in particular the 15-week rule. Her physician, however, certified her ability to return on September 28, 1960. The present record contains substantial evidence to support the determination that claimant failed to offer any meritorious reason why her claim should be predated ( Matter of Davidson [ Catherwood], 12 A.D.2d 713; Matter of Lee [ Catherwood], 14 A.D.2d 941). Decision unanimously affirmed, without costs.