Opinion
December 16, 1993
Appeal from the Unemployment Insurance Appeal Board.
On this appeal, claimant challenges the legal determination that, on a claim under the alternate condition of Labor Law § 527 (2), the Interstate Arrangement for Combining Employment and Wages (20 CFR part 616) precludes New York's consideration of the claimant's employment in another State during the one-year period preceding the 52-week base period. Because we conclude that claimant has failed to establish that the Unemployment Insurance Appeal Board's interpretation of the applicable regulations is without a rational basis (see, Matter of Douglas [Ross], 83 A.D.2d 685, 686), we affirm. Under 20 C.F.R. § 616.7 (c), in a Combined-Wage claim, the combining is limited to "employment and wages in all States in which [the claimant] worked during the base period of the paying State" (emphasis supplied). "Base period and benefit year" are defined as "[t]he base period and benefit year applicable under the unemployment compensation law of the paying State" ( 20 C.F.R. § 616.6 [i]) which, in New York, is "the period of fifty-two consecutive weeks ending on the Sunday immediately preceding [the claimant's] filing of a valid original claim" (Labor Law § 520). Clearly, literal application of the foregoing regulations would have the effect of excluding out-of-State employment during the prebase period.
Mikoll, J.P., Yesawich Jr., Crew III and Cardona, JJ., concur. Ordered that the decision is affirmed, without costs.