Matter of Lingshan Li (Commissioner of Labor) |
2014 NY Slip Op 08295 [122 AD3d 1224] |
November 26, 2014 |
Appellate Division, Third Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
In the Matter of the Claim of Lingshan Li, Appellant. Commissioner of Labor, Respondent. |
Lingshan Li, 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 April 3, 2013, which ruled that claimant was ineligible to receive unemployment insurance benefits because she failed to file a valid original claim.
Claimant filed a claim for unemployment insurance benefits, effective July 2, 2012, that was denied on the basis that she did not meet the requirements for filing a valid original claim. The Unemployment Insurance Appeal Board ultimately agreed, and this appeal ensued.
Substantial evidence in the record supports the Board's decision, and we affirm. In
order to file a valid claim for unemployment insurance benefits, a claimant must show
that he or she earned "remuneration of one and one-half times the high calendar quarter
remuneration within the base period" (Labor Law § 527 [1] [d]; [2] [a]; see Matter of Chernavsky
[Commissioner of Labor], 76 AD3d 739, 740 [2010]). Claimant did not earn
1
Peters, P.J., Stein, Garry, Egan Jr. and Devine, JJ., concur. Ordered that the decision is affirmed, without costs.