In re the Claim of Delgado

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 29, 2003, which ruled that claimant was ineligible to receive additional unemployment insurance benefits under Labor Law § 599.

In May 2002, claimant was initially approved for additional unemployment insurance benefits pursuant to Labor Law § 599 while enrolled in a hospitality management program. Thereafter, the Department of Labor withdrew its approval because claimant’s spring 2003 schedule consisted of only 10 hours per week of her physical presence in a structured classroom instruction setting. In order to be eligible for additional training benefits pursuant to Labor Law § 599, a claimant must attend an approved training course or program for at least 12 hours in each week (see 12 NYCRR 482.2 [b]). Inasmuch as the record confirms that claimant failed to meet the minimum required hours of classroom instruction for the spring 2003 semester, substantial evidence supports the decision of the Unemployment Insurance Appeal Board ruling that claimant was ineligible to receive additional unemployment insurance benefits (see Matter of Lohmann [Commissioner of Labor], 6 AD3d 916 [2004]).

Cardona, P.J., Crew III, Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the decision is affirmed, without costs.