In re the Claim of Hornstein

Appellate Division of the Supreme Court of New York

In re the Claim of Hornstein

50 A.D.2d 1003, 376 N.Y.S.2d 249, 1975 N.Y. App. Div. LEXIS 11978

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 Hornstein) 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 Hornstein, 50 A.D.2d 1003, 376 N.Y.S.2d 249, 1975 N.Y. App. Div. LEXIS 11978 (N.Y. Ct. App. 1975).

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Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 8, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits effective September 2, 1974 because she was not available for employment. Claimant, after retiring from her job in New York, voluntarily moved to Florida. The board found that her alleged efforts to find employment were not realistic and that she was unavailable for employment. These were factual findings within the sole province of the board and, since they were supported by substantial evidence, may not be disturbed (Labor Law, § 623; Matter of Roth [Catherwood], 34 AD2d 1081; Matter of Bennett [Cather-wood], 33 AD2d 946). 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 8, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits effective September 2, 1974 because she was not available for employment. Claimant, after retiring from her job in New York, voluntarily moved to Florida. The board found that her alleged efforts to find employment were not realistic and that she was unavailable for employment. These were factual findings within the sole province of the board and, since they were supported by substantial evidence, may not be disturbed (Labor Law, § 623; Matter of Roth [Catherwood], 34 AD2d 1081; Matter of Bennett [Cather-wood], 33 AD2d 946). 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 249, 1975 N.Y. App. Div. LEXIS 11978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-hornstein-nyappdiv-1975.

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