In re the Claim of Weingarten, 242 A.D.2d 816 (N.Y. App. Div. 1997). · Go Syfert
In re the Claim of Weingarten, 242 A.D.2d 816 (N.Y. App. Div. 1997). Cases Citing This Book View Copy Cite
10 citation events across 1 distinct court.
Strongest positive: Aviles v. Selsky (nyappdiv, 1999-09-16)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) Aviles v. Selsky
N.Y. App. Div. · 1999 · confidence medium
We find no error in the Hearing Officer’s reliance on the testimony of the correctional facility nurse which refuted evidence submitted by petitioner that the prescription drug he was taking caused a false positive (see, Matter of Lopez v Goord, supra, at 816-817).
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In the Matter of the Claim of Esther Weingarten, Mesivta Haichel Hatorah, Respondent John E. Sweeney, as Commissioner of Labor
Appellate Division of the Supreme Court of the State of New York.
Sep 11, 1997.
242 A.D.2d 816
Published

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 22, 1996, which ruled that claimant was ineligible to receive unemployment insurance benefits for failure to file a valid original claim.

Claimant was employed as a teacher at a private Orthodox Jewish elementary school. After the program was terminated, claimant was found to be ineligible for unemployment insurance benefits pursuant to Labor Law § 563 (2) (c), which provides an exclusion from benefits for any “person employed at a place of religious worship * * * for the performance of duties of a religious nature”. In our view, substantial evidence supports the Unemployment Insurance Appeal Board’s ruling. Although claimant’s duties included the presentation of secular information to her students, she also led the class in the recitation of daily prayers, introduced them to the Hebrew alphabet and provided instruction regarding religious holidays and traditions (see, Matter of Hollis Hills Jewish Ctr. [Roberts], 92 AD2d 1039; compare, Matter of Vecchio [Long Is. Lutheran High School—Hartnett], 176 AD2d 1100). While claimant asserted that her job was devoid of religious teachings, this merely presented an issue of credibility for resolution by the Board (see generally, Matter of Dorn [Marist Coll.—Hudacs], 193 AD2d 1031, 1032).

Mercure, J. P., Crew III, Casey, Yesawich Jr. and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.