Appellate Division, Third Department · November 5, 2026 · 2026 NY Slip Op 06503
Matter of Facciolo (Commissioner of Labor)
Read the official decision: 2026 NY Slip Op 06503
Holding The court withheld decision and remitted the matter to the Unemployment Insurance Appeal Board because the Board failed to address whether the claimant’s September 2023 filing constituted a valid original claim. The court determined that the Board was required to make explicit findings on this issue rather than dismissing it as not properly before it.
The court’s words
the issue of whether claimant's September 2023 claim is to be considered his "valid original claim" must be addressed by the Board
2026 NY Slip Op 06503, at the official text
we are not permitted to surmise, speculate or substitute our judgment for that of the Board
2026 NY Slip Op 06503, at the official text
Labor Law § 517 (2) (h) expressly excludes dismissal payments from the definition of remuneration
2026 NY Slip Op 06503, at the official text
| Court | Appellate Division, Third Department |
|---|---|
| Decided | November 5, 2026 |
| Citation | 2026 NY Slip Op 06503 |
| Area of law | Workers’ Compensation and Unemployment |
| Week | Week ending November 7, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06503 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1814 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Facciolo (Commissioner of Labor), 2026 NY Slip Op 06503 (Appellate Division, Third Department, November 5, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06503/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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