In re the Claim of Bass

Appellate Division of the Supreme Court of New York

In re the Claim of Bass

31 A.D.2d 573, 294 N.Y.S.2d 858, 1968 N.Y. App. Div. LEXIS 2921

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

DecidedNovember 14, 1968

StatusPublished

Cited by2 cases

This text of 31 A.D.2d 573 (In re the Claim of Bass) 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 Bass, 31 A.D.2d 573, 294 N.Y.S.2d 858, 1968 N.Y. App. Div. LEXIS 2921 (N.Y. Ct. App. 1968).

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Opinion

Gabrielli, J.

Appeal from a decision of the Unemployment Insurance Appeal Board filed December 4, 1967 disqualifying claimant from unemployment insurance benefits on the ground he was unavailable for employment. The record supports the finding of the board that the claimant’s job efforts were not only meager but also unrealistic in scope. The question of whether a claimant has made sufficient efforts to meet the statutory test of availability for employment is factual and within the sole province of the board if its determination is, as here, supported by substantial evidence (e.g., Matter of Stuhl [Catherwood], 30 A D 2d 595). Accordingly, the decision must be affirmed. Decision affirmed, without costs. Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Gabrielli, J.

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Gabrielli, J.

Appeal from a decision of the Unemployment Insurance Appeal Board filed December 4, 1967 disqualifying claimant from unemployment insurance benefits on the ground he was unavailable for employment. The record supports the finding of the board that the claimant’s job efforts were not only meager but also unrealistic in scope. The question of whether a claimant has made sufficient efforts to meet the statutory test of availability for employment is factual and within the sole province of the board if its determination is, as here, supported by substantial evidence (e.g., Matter of Stuhl [Catherwood], 30 A D 2d 595). Accordingly, the decision must be affirmed. Decision affirmed, without costs. Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Gabrielli, J.

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Bluebook (online)

31 A.D.2d 573, 294 N.Y.S.2d 858, 1968 N.Y. App. Div. LEXIS 2921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-bass-nyappdiv-1968.

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