IN RE: the Claim of Dennis HUFF

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

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

Decided: February 19, 1998

Before MIKOLL, J.P., and MERCURE, CREW, WHITE and CARPINELLO, JJ. Dennis Huff Sr., Buffalo, appellant in person. Dennis C. Vacco, Attorney General (Norman Uris, of counsel), New York City, for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 8, 1996, which ruled, inter alia, that claimant was ineligible to receive unemployment insurance benefits because he had a reasonable assurance of continued employment.

Claimant was employed as a teacher's aide by the City of Buffalo Board of Education.   Although his employment came to a temporary end in June 1996 at the close of the school year, the employer notified claimant that his employment would resume in September 1996 when the next academic year began.   The Unemployment Insurance Appeal Board subsequently ruled that claimant was ineligible for benefits during the summer of 1996 because he had been given reasonable assurance that he would be rehired on the same terms in the fall.   We affirm.   Substantial evidence supports the Board's decision (see, Matter of Huff [Sweeney], 222 A.D.2d 919, 635 N.Y.S.2d 364).   That claimant was found eligible for benefits during a different time period, pursuant to an unappealed decision of an Administrative Law Judge, is irrelevant to the matter under review (see, e.g., Matter of Bicjan [New York City Bd. of Educ.-Sweeney], 219 A.D.2d 751, 631 N.Y.S.2d 86).   We affirm the Board's ruling that the overpayment of benefits to claimant was recoverable (see, Matter of Alcid [Hartnett], 142 A.D.2d 778, 530 N.Y.S.2d 675).   Claimant's remaining contentions have been examined and found to be without merit.

ORDERED that the decision is affirmed, without costs.

MEMORANDUM DECISION.

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