In re the Claim of Goodman

Appellate Division of the Supreme Court of New York

In re the Claim of Goodman

33 A.D.2d 855, 305 N.Y.S.2d 849, 1969 N.Y. App. Div. LEXIS 2615

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

DecidedDecember 11, 1969

StatusPublished

Cited by3 cases

This text of 33 A.D.2d 855 (In re the Claim of Goodman) 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 Goodman, 33 A.D.2d 855, 305 N.Y.S.2d 849, 1969 N.Y. App. Div. LEXIS 2615 (N.Y. Ct. App. 1969).

Pincite

Opinion

Greenblott, J.

Appeal [856]*856from a decision of the Unemployment Insurance Appeal Board, filed May 29, 1969, disqualifying claimant from unemployment insurance benefits. The board reversed the decision of the Referee and sustained the revised initial determination of the Industrial Commissioner ruling claimant ineligible to receive benefits on the ground that he was not available for employment. The board found: “The pattern of claimant’s work history shows lay offs during the winter season when he receives benefits, and re-hiring in the spring. He left for Florida with his wife and stayed at hotels and motels in various cities in Florida during the period in issue. His efforts to find employment throughout this period were neither active nor diligent. They were few in number and did not demonstrate that claimant had a real attachment to the labor market. Claimant was not available for employment during the period in issue.” Whether a claimant is available for employment is a question of fact for the board’s determination which must be upheld if its findings are supported by substantial evidence. {Matter of Zaput [Catherwood'], 25 A D 2d 903.) Since there is substantial evidence to sustain the board’s decision on the question of availability, we may not disturb the board’s determination. Decision affirmed, without costs. Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur in memorandum by Greenblott, J.

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

Greenblott, J.

Appeal [856]*856from a decision of the Unemployment Insurance Appeal Board, filed May 29, 1969, disqualifying claimant from unemployment insurance benefits. The board reversed the decision of the Referee and sustained the revised initial determination of the Industrial Commissioner ruling claimant ineligible to receive benefits on the ground that he was not available for employment. The board found: “The pattern of claimant’s work history shows lay offs during the winter season when he receives benefits, and re-hiring in the spring. He left for Florida with his wife and stayed at hotels and motels in various cities in Florida during the period in issue. His efforts to find employment throughout this period were neither active nor diligent. They were few in number and did not demonstrate that claimant had a real attachment to the labor market. Claimant was not available for employment during the period in issue.” Whether a claimant is available for employment is a question of fact for the board’s determination which must be upheld if its findings are supported by substantial evidence. {Matter of Zaput [Catherwood'], 25 A D 2d 903.) Since there is substantial evidence to sustain the board’s decision on the question of availability, we may not disturb the board’s determination. Decision affirmed, without costs. Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur in memorandum by Greenblott, J.

Cite This Page — Counsel Stack

Bluebook (online)

33 A.D.2d 855, 305 N.Y.S.2d 849, 1969 N.Y. App. Div. LEXIS 2615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-goodman-nyappdiv-1969.

Opinion

Related

Cite This Page — Counsel Stack