New York State Department of Labor
Unemployment Insurance Referee Section EY a

Names: John We Abrey (Lead Case) SeSe Now 104-30-1867 CaseNo. 78-33128
Dinah Levine 134-164-8379. —-- 78232053 Ly

Decision mailed and duly filed in the Department of Labor on: JUL 19 1978

FINDINGS OF FACT: Combined hearings were held in which claimant John Abreu and
a representative of the employer appeared and testified, A written statement was
submitted on behalf of the Industrial Commissioner in liey of an appearance.
ims

Claimant John Abreu’ ruled ineligible for benefits cffective May 29, 1978, because
his employment and earnings are disregarded when filing a claim between academic
years or terms, and claimant Dinah Levine was ruled ineligible for benefits ef-
fective May 22, 1978, because her employment and €arnings are disregarded when
filing a claim between academic years or terms. ;

Claimant John Abreu, and adjunct lecturer at a college within the Board of Higher
Education of the City of New York, has been employed there since September, 1972,
Claimant is retained On a semester basis, the last period of emp loyment being from
February 9, 1978, through May 30; 1978; He received $24 per hour and worked 120
hours. On Nay 4, 1978, claimant received a letter requiring his signature concern
ing acceptance of reappointment for the following fall semester. The letter of re
appointment was subject to sufficiency of registration, changes in curriculun,

and financial ability,

Claimant Dinah Levine was employed as an acjunct lecturer from September, 1974,
Her last term of employment was February, 1978 through May 30, 1978, in which she
earned $23 per hour for a 90-hour Semester. Claimant also received a similar lette
of probable reappointment, which she had likewise excuted. Claimant Levine did
obtain summer employment at the institution which commenced on July 5, 1978, and
will run through August 4, 1978.

OPINION: Section 590.10 of the Unemp loyment Insurance Law was amended January 1, |

contract or has reasonable assurance that he will perform such services for the sam
or other such institution in the next school year or term. I am satisfied that
claimants have received reasonable assurance of their Teappointment as ac junct
lecturers at the school which hac employed them since September, 1972 and September,
1974 Tespectively. t is evident, therefore, that unemployment insurance benefits |
would not be available to these claimants curing the Period between academic years
under the provisions of the recent amendment to the Unemployment Insurance Law.

DECISION: The initial determinations of ineligibility are sustained,

/s/ EDWARD I, COHEN
Administrative Law Ju