IN RE: the Claim of Patricia A. JEFFARES

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

IN RE: the Claim of Patricia A. JEFFARES, Appellant. Commissioner of Labor, Respondent.

Decided: July 22, 2004

Before:  CARDONA, P.J., MERCURE, CARPINELLO, LAHTINEN and KANE, JJ. Patricia A. Jeffares, Camarillo, California, appellant pro se. Eliot Spitzer, Attorney General, New York City (Dawn A. Foshee of counsel), for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 17, 2003, which ruled that claimant was ineligible to receive unemployment insurance benefits because she was unable to file a valid original claim pursuant to Labor Law § 527.

The record establishes that pursuant to an agreement with the employer, claimant received her full salary until June 30, 2003, although she had stopped working for the employer on December 31, 2001 and performed no services for the employer thereafter.   The agreement also provided that claimant would continue to receive the salary payments regardless of whether she found other employment.   Despite the employer's characterization of the payments as salary (see Matter of Woody [Roberts], 139 A.D.2d 879, 880, 527 N.Y.S.2d 610 [1988] ), substantial evidence supports the Unemployment Insurance Appeal Board's conclusion that the money received by claimant constituted a severance package, which cannot be considered as remuneration for the purpose of establishing a valid original claim for benefits (see Labor Law § 517[2] [h];  § 524;  see also Matter of Dymek [Sweeney], 240 A.D.2d 800, 658 N.Y.S.2d 515 [1997];  Matter of Terranova [Hudacs], 211 A.D.2d 847, 620 N.Y.S.2d 619 [1995] ).

ORDERED that the decision is affirmed, without costs.

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