Opinion
91910
Decided and Entered: December 5, 2002.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 26, 2002, which ruled that claimant was ineligible to receive unemployment insurance benefits because he failed to file a valid original claim.
Michael Schultz, Roslyn Heights, appellant pro se.
Eliot Spitzer, Attorney General, New York City (Steven Segall of counsel), for respondent.
Before: MERCURE, J.P., PETERS, ROSE, LAHTINEN and KANE, JJ.
MEMORANDUM AND ORDER
We find no reason to disturb the decision of the Unemployment Insurance Appeal Board ruling that claimant was ineligible to receive unemployment insurance benefits because he was unable to file a valid original claim for benefits. Inasmuch as the record establishes that claimant's base period earnings are not 1½ times his highest calendar quarter of $10,375.51 (see Labor Law § 527 [d]), substantial evidence supports the Board's decision. The circumstances surrounding claimant's separation from his employment are not properly before this Court.
MERCURE, J.P., PETERS, ROSE, LAHTINEN and KANE, JJ., concur.
ORDERED that the decision is affirmed, without costs.