In re the Claim of Gross

Appellate Division of the Supreme Court of New York

In re the Claim of Gross

50 A.D.2d 1003, 376 N.Y.S.2d 248, 1975 N.Y. App. Div. LEXIS 11979

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

DecidedDecember 18, 1975

StatusPublished

This text of 50 A.D.2d 1003 (In re the Claim of Gross) 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 Gross, 50 A.D.2d 1003, 376 N.Y.S.2d 248, 1975 N.Y. App. Div. LEXIS 11979 (N.Y. Ct. App. 1975).

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Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 28, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner holding that the claimant was ineligible to receive benefits effective October 7, 1974 because he was not available for employment (Labor Law, § 591, subd 2). The board found that claimant’s efforts to secure employment by registering with a union which had to first meet the demands of its own members and making only two or three job efforts a week were insufficient to demonstrate a genuine attachment to the labor market. This is a factual determination, solely within the province of the board, which must be sustained when supported by substantial evidence (Matter of Bennett [Catherwood], 33 AD2d 946). Since the board’s determination is so supported, we must affirm. Decision affirmed, without costs. Greenblott, J. P., Sweeney, Kane, Koreman and Main, JJ., concur.

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— Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 28, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner holding that the claimant was ineligible to receive benefits effective October 7, 1974 because he was not available for employment (Labor Law, § 591, subd 2). The board found that claimant’s efforts to secure employment by registering with a union which had to first meet the demands of its own members and making only two or three job efforts a week were insufficient to demonstrate a genuine attachment to the labor market. This is a factual determination, solely within the province of the board, which must be sustained when supported by substantial evidence (Matter of Bennett [Catherwood], 33 AD2d 946). Since the board’s determination is so supported, we must affirm. Decision affirmed, without costs. Greenblott, J. P., Sweeney, Kane, Koreman and Main, JJ., concur.

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Bluebook (online)

50 A.D.2d 1003, 376 N.Y.S.2d 248, 1975 N.Y. App. Div. LEXIS 11979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-gross-nyappdiv-1975.

Opinion

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