Matter of Tkachyshyn (Commissioner of Labor)

Matter of Tkachyshyn (Commissioner of Labor) 2013 NY Slip Op 06419 Decided on October 3, 2013 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: October 3, 2013
516398 In the Matter of the Claim of

[*1]VOLODYMYR I. TKACHYSHYN, Appellant.

and

COMMISSIONER OF LABOR, Respondent.

Calendar Date: July 29, 2013
Before: Peters, P.J., McCarthy, Spain and Garry, JJ.


Volodymyr I. Tkachyshyn, Elmhurst, appellant pro se.
Eric T. Schneiderman, Attorney General, New York
City (Gary L. Leibowitz of counsel), for respondent.


MEMORANDUM AND ORDER

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 26, 2012, which, among other things, charged claimant with a recoverable overpayment of emergency unemployment compensation benefits.

Claimant, a substitute teacher, filed initial claims for unemployment insurance benefits, effective June 27, 2011 and July 4, 2011. A review of the record provides substantial evidence to support the determination of the Unemployment Insurance Appeal Board finding that claimant did not have sufficient remuneration in his base periods or alternate base periods to establish valid original claims (see Labor Law § 527; see also Matter of Stennett [Commissioner of Labor], 54 AD3d 478, 478-479 [2008]). Further, we find no reason to disturb the Board's finding that claimant failed to establish economic hardship militating in favor of a waiver of his obligation to repay federally funded emergency unemployment compensation benefits (see Matter of Silver [Commissioner of Labor], 84 AD3d 1634, 1635 [2011]).

Claimant's remaining contentions have been reviewed and are either without merit or not properly before this Court.

Peters, P.J., McCarthy, Spain and Garry, JJ., concur.

ORDERED that the decision is affirmed, without costs.