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Matter of Cieszkowska (Commissioner of Labor)

N.Y. App. Div.November 30, 2017No. 524813Cited 9 times
Defendant WinNew York City Department of Education
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Case Details

Judge(s)
Peters, Garry, Lynch, Devine, Mulvey
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The Appellate Division affirmed the Unemployment Insurance Appeal Board's decision denying unemployment benefits to a per diem substitute teacher between academic terms, finding substantial evidence supported the Board's conclusion that the claimant received reasonable assurance of continued employment.

What This Ruling Means

**What Happened:** A per diem substitute teacher named Cieszkowska worked for the New York City Department of Education and applied for unemployment benefits during a break between school terms. The state denied her benefits, saying she had "reasonable assurance" of continued work when school resumed. She appealed this decision, asking the board to reconsider and reopen her case. **What the Court Decided:** The appellate court sided with the state and upheld the denial of unemployment benefits. The court agreed that as a per diem substitute teacher, Cieszkowska had reasonable assurance that work would be available when the new academic term started, making her ineligible for unemployment compensation during the break. **Why This Matters for Workers:** This ruling is important for substitute teachers and other school employees who work intermittently. Even if you're a substitute teacher without a guaranteed schedule, you may still be denied unemployment benefits during summer breaks or between terms if the school district can show there's a reasonable expectation that work will be available when school resumes. Workers in similar positions should understand that unemployment benefits during academic breaks may not be available, even for part-time or substitute employees.

This summary was generated to explain the ruling in plain English and is not legal advice.

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