In re the Claim of Asher

Appellate Division of the Supreme Court of New York

In re the Claim of Asher

51 A.D.2d 1078, 381 N.Y.S.2d 146, 1976 N.Y. App. Div. LEXIS 11921

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 11, 1976

StatusPublished

Cited by1 cases

This text of 51 A.D.2d 1078 (In re the Claim of Asher) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim of Asher, 51 A.D.2d 1078, 381 N.Y.S.2d 146, 1976 N.Y. App. Div. LEXIS 11921 (N.Y. Ct. App. 1976).

Pincite

Opinion

Appeal from a decision of th e Unemployment Insurance Appeal Board, filed May .30, 1975, which [1079]*1079affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner ruling claimant ineligible to receive benefits under the Special Unemployment Assistance Program effective February 24, 1975 because she was unavailable for employment. The determination that a claimant, during a specific period, was unavailable for employment is a question of fact to be decided by the board (Matter of Jensen [Catherwood], 27 AD2d 588) and, if the board’s determination is supported by substantial evidence, it must be upheld (Matter of Lunney [Catherwood] 32 AD2d 864). Claimant, who had worked as a part-time librarian, lost her job when the city university eliminated part-time positions. Her attempts to find new employment were limited to writing letters, sending resumes, reading ads and registering with an employment agency. Claimant had no in-person interviews during the entire period in issue. Accordingly, there is substantial evidence to support the board’s decision. Decision affirmed, without costs. Koreman, P. J., Greenblott, Main, Herlihy and Reynolds, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a decision of th e Unemployment Insurance Appeal Board, filed May .30, 1975, which [1079]*1079affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner ruling claimant ineligible to receive benefits under the Special Unemployment Assistance Program effective February 24, 1975 because she was unavailable for employment. The determination that a claimant, during a specific period, was unavailable for employment is a question of fact to be decided by the board (Matter of Jensen [Catherwood], 27 AD2d 588) and, if the board’s determination is supported by substantial evidence, it must be upheld (Matter of Lunney [Catherwood] 32 AD2d 864). Claimant, who had worked as a part-time librarian, lost her job when the city university eliminated part-time positions. Her attempts to find new employment were limited to writing letters, sending resumes, reading ads and registering with an employment agency. Claimant had no in-person interviews during the entire period in issue. Accordingly, there is substantial evidence to support the board’s decision. Decision affirmed, without costs. Koreman, P. J., Greenblott, Main, Herlihy and Reynolds, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

51 A.D.2d 1078, 381 N.Y.S.2d 146, 1976 N.Y. App. Div. LEXIS 11921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-asher-nyappdiv-1976.

Opinion

Related

Cite This Page — Counsel Stack