State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: April 30, 2015 519468 

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In the Matter of the Claim of

ANTHONY D. ROBERTS,

Appellant.

MEMORANDUM AND ORDER

COMMISSIONER OF LABOR,

Respondent.

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Calendar Date: February 24, 2015

Before: McCarthy, J.P., Rose, Lynch and Clark, JJ.

__________

Anthony D. Roberts, Albrightsville, Pennsylvania, appellant

pro se.

Eric T. Schneiderman, Attorney General, New York City (Gary

Leibowitz of counsel), for respondent.

__________

Appeal from a decision of the Unemployment Insurance Appeal

Board, filed December 13, 2013, which ruled that claimant was

ineligible to receive unemployment insurance benefits because he

failed to comply with registration requirements.

Claimant filed a claim for unemployment insurance benefits

on August 17, 2011, with an effective date of August 15, 2011. 

Based upon his failure to comply with registration requirements,

the Department of Labor found that claimant was ineligible to

receive unemployment insurance benefits for, as is relevant here,

the period beginning October 31, 2011 and ending when the reason

for his ineligibility no longer exists. Following a hearing,

this determination was upheld by an Administration Law Judge and,

subsequently, the Unemployment Insurance Appeal Board. Claimant

now appeals.
-2- 519468 

We affirm. A claimant's registration and certification for

unemployment insurance benefits in accordance with the

requirements set forth in the Labor Law and applicable

regulations is a prerequisite for eligibility (see Matter of

Draxdorf [Commissioner of Labor], 113 AD3d 962, 962 [2014];

Matter of Ventura [Commissioner of Labor], 83 AD3d 1330, 1330

[2011]; Matter of Dixon-Weaver [Commissioner of Labor], 67 AD3d

1243, 1244 [2009]; see also Labor Law § 596; 12 NYCRR 473.1,

473.2, 473.3). While good cause may excuse a claimant's failure

to comply with such requirements (see 12 NYCRR 473.3 [f]),

whether a claimant has established good cause is a factual issue

for the Board to resolve (see Matter of Draxdorf [Commissioner of

Labor], 113 AD3d at 962; Matter of Becker [Commissioner of

Labor], 95 AD3d 1588, 1589 [2012], appeal dismissed 22 NY3d 1096

[2014]).

Here, claimant testified at the hearing that, although he

was aware of the registration requirements, following the week of

October 23, 2011, he "gave up" attempting to register for

unemployment insurance benefits because of his repeated

frustrations with the online registration system. Claimant did

not attempt to register for benefits again until approximately

July 2013. Based upon this evidence, the Board was well within

its discretion to conclude that claimant failed to demonstrate

good cause for his noncompliance with the registration

requirements; accordingly, we find that there is substantial

evidence to support the Board's decision (see Matter of

Dixon-Weaver [Commissioner of Labor], 67 AD3d at 1244-1245;

Matter of Weinstein [Commissioner of Labor], 60 AD3d 1228, 1228

[2009]; compare Matter of Draxdorf [Commissioner of Labor], 113

AD3d at 963).

McCarthy, J.P., Rose, Lynch and Clark, JJ., concur.
-3- 519468 

ORDERED that the decision is affirmed, without costs.

ENTER:

Robert D. Mayberger

Clerk of the Court