IN RE: the Claim of Eva BOHMOVA (1998)

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

IN RE: the Claim of Eva BOHMOVA, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent.

Decided: January 29, 1998

Before CREW, J.P., and WHITE, YESAWICH, PETERS and CARPINELLO, JJ.

Eva Bohmova, New York City, appellant in person. Dennis C. Vacco, Attorney General (Linda D. Joseph, of counsel), New York City, for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 18, 1996, which ruled that claimant was ineligible to receive unemployment insurance benefits because she did not file a valid original claim.

Claimant was employed as a secretary for the United Nations from 1989 through 1993. Claimant's application for unemployment insurance benefits was denied on the ground that she did not file a valid original claim. Inasmuch as the United Nations is immune from the taxing authority of this State and is therefore not required to pay unemployment insurance taxes (see, 22 U.S.C. § 288a[b] ), it is not a covered employer under the Labor Law (see, Labor Law §§ 512, 562; see also, Matter of Tereshchuk [Sweeney], 235 A.D.2d 896, 653 N.Y.S.2d 170). Consequently, the decision of the Unemployment Insurance Appeal Board that claimant is ineligible to receive unemployment insurance benefits is affirmed.

ORDERED that the decision is affirmed, without costs.

MEMORANDUM DECISION.

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