Opinion
2012-12-6
In the Matter of the Claim of Theodore WELLS, Appellant. Commissioner of Labor, Respondent.
Theodore Wells, New York City, appellant pro se. Eric T. Schneiderman, Attorney General, New York City (Gary Leibowitz of counsel), for respondent.
Theodore Wells, New York City, appellant pro se. Eric T. Schneiderman, Attorney General, New York City (Gary Leibowitz of counsel), for respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 23, 2012, which ruled that claimant was ineligible to receive unemployment insurance benefits because he was unable to file a valid original claim.
Claimant applied for unemployment insurance benefits on November 1, 2010. Following a hearing, the Administrative Law Judge determined that claimant was not eligible for benefits because he was unable to file a valid original claim. The Unemployment Insurance Appeal Board affirmed, and claimant now appeals.
The record confirms that claimant did not have sufficient earnings in either his basic or alternate base period to file a valid original claim pursuant to *510Labor Law § 527. For purposes of the basic condition, claimant's base period covered the period of July 1, 2009 through June 30, 2010 ( seeLabor Law § 520[1] ). During this period, claimant was only employed for one calendar quarter and, therefore, did not satisfy the requirements of the basic condition ( seeLabor Law § 527[1]; Matter of Stennett [Commissioner of Labor], 54 A.D.3d 478, 479, 862 N.Y.S.2d 649 [2008] ). Turning to the alternate condition, claimant's base period covered the period of October 1, 2009 through September 30, 2010 ( seeLabor Law § 520[2] ). Claimant earned $6,447.20 during this period and his high calendar quarter earnings were $4,741.60. As such, it is clear that claimant did not earn 1 1/2 times the high calendar quarter earnings during this period and, therefore, did not satisfy the alternate condition ( seeLabor Law § 527[2]; Matter of Sotomayor [Commissioner of Labor], 34 A.D.3d 957, 958, 823 N.Y.S.2d 622 [2006] ).
ORDERED that the decision is affirmed, without costs.