In re the Claim of Kirchoff

Appellate Division of the Supreme Court of New York

In re the Claim of Kirchoff

50 A.D.2d 697, 375 N.Y.S.2d 456, 1975 N.Y. App. Div. LEXIS 12551

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

DecidedNovember 26, 1975

StatusPublished

This text of 50 A.D.2d 697 (In re the Claim of Kirchoff) 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 Kirchoff, 50 A.D.2d 697, 375 N.Y.S.2d 456, 1975 N.Y. App. Div. LEXIS 12551 (N.Y. Ct. App. 1975).

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Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 21, 1975, which afiirmed the decision of the referee sustaining an initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits effective January 20, 1975 because she was not available for employment (Labor Law, § 591, subd 2). The question of whether the efforts of the claimant, a retail sales person, to secure employment were sufficiently diligent to satisfy the statutory requirement of availability is factual to be determined by the board (e.g. Matter of Knobloch [Catherwood], 28 AD2d 765) and where, as here, it cannot be said that the board’s determination is not supported by substantial evidence, it must be sustained (e.g. Matter of Bass [Catherwood] 31 AD2d 573). Decision affirmed, without costs. Herlihy, P. J., Greenblott, Sweeney, Kane and Reynolds, JJ., concur.

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— Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 21, 1975, which afiirmed the decision of the referee sustaining an initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits effective January 20, 1975 because she was not available for employment (Labor Law, § 591, subd 2). The question of whether the efforts of the claimant, a retail sales person, to secure employment were sufficiently diligent to satisfy the statutory requirement of availability is factual to be determined by the board (e.g. Matter of Knobloch [Catherwood], 28 AD2d 765) and where, as here, it cannot be said that the board’s determination is not supported by substantial evidence, it must be sustained (e.g. Matter of Bass [Catherwood] 31 AD2d 573). Decision affirmed, without costs. Herlihy, P. J., Greenblott, Sweeney, Kane and Reynolds, JJ., concur.

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Bluebook (online)

50 A.D.2d 697, 375 N.Y.S.2d 456, 1975 N.Y. App. Div. LEXIS 12551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-kirchoff-nyappdiv-1975.

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