IN RE: the Claim of Frederick J. DYMEK (1997)

Supreme Court, Appellate Division, Third Department, New York.

IN RE: the Claim of Frederick J. DYMEK, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent.

Decided: June 05, 1997

Before CARDONA, P.J., and MIKOLL, MERCURE, SPAIN and CARPINELLO, JJ.

David A. Robins, Deer Park, for appellant. Dennis C. Vacco, Attorney-General (Steven Segall, of counsel), New York City, for respondent.

Substantial evidence supports the decision denying claimant benefits. Claimant did not have sufficient weeks of covered employment to file a valid original claim because he received severance pay for one year prior to the filing of his application. This period does not constitute weeks of employment within the meaning of Labor Law § 524 (see, Matter of Terranova [Hudacs], 211 A.D.2d 847, 620 N.Y.S.2d 619); consequently, the finding of ineligibility is affirmed (see, Matter of Barrett [Hudacs], 191 A.D.2d 920, 921, 595 N.Y.S.2d 143). Claimant's remaining contentions have been reviewed and found to be without merit.

ORDERED that the decision is affirmed, without costs.

MEMORANDUM DECISION.

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