From Casetext: Smarter Legal Research

Matter of Christophides

Appellate Division of the Supreme Court of New York, Third Department
Oct 9, 1997
243 A.D.2d 807 (N.Y. App. Div. 1997)

Opinion

October 9, 1997

Appeal from a decision of the Unemployment Insurance Appeal Board.


Claimant ran his own business until December 1990, when he closed it down and became unemployed. The Unemployment Insurance Appeal Board ruled that claimant's application for unemployment insurance benefits, not filed until July 1992, was invalid because claimant had no weeks of employment of any kind during the previous one-year period. We affirm. It is uncontested that claimant's application for benefits was filed too long after his last period of employment to be valid ( see, Labor Law 596). While claimant asserts that he had "good cause" for this lapse, i.e., the distracting circumstances surrounding the closing of his business and his mistaken belief that he was ineligible for benefits, whether this constituted "good cause" presented a question of fact for resolution by the Board ( see, Matter of Terranova [Hudacs], 211 A.D.2d 847, 848). As there is substantial evidence to support the Board's finding, it is affirmed ( see, Matter of Jennings [Sweeney], 223 A.D.2d 899).

Cardona, P.J., Mikoll, Crew III, Casey and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Christophides

Appellate Division of the Supreme Court of New York, Third Department
Oct 9, 1997
243 A.D.2d 807 (N.Y. App. Div. 1997)
Case details for

Matter of Christophides

Case Details

Full title:In the Matter of the Claim of DEMETRIUS G. CHRISTOPHIDES, Appellant. JOHN…

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

Date published: Oct 9, 1997

Citations

243 A.D.2d 807 (N.Y. App. Div. 1997)
662 N.Y.S.2d 625