In re the Claim of Kumpan

Appellate Division of the Supreme Court of New York

In re the Claim of Kumpan

201 A.D.2d 818, 609 N.Y.S.2d 868, 1994 N.Y. App. Div. LEXIS 1139

Appellate Division of the Supreme Court of the State of New York·Decided February 10, 1994·Published·Cited by 1 cases

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 5, 1992, which ruled that claimant was ineligible to receive unemployment insurance benefits because he was incapable of employment.

The record contains substantial evidence to support the Board’s conclusion that claimant was not capable of work at the time he sought unemployment insurance benefits. In exercising its fact-finding power, the Board was free to reject claimant’s argument that he was capable of employment during the time frame at issue.

Mikoll, J. P., Mercure, Crew III and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without costs.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 5, 1992, which ruled that claimant was ineligible to receive unemployment insurance benefits because he was incapable of employment.

The record contains substantial evidence to support the Board’s conclusion that claimant was not capable of work at the time he sought unemployment insurance benefits. In exercising its fact-finding power, the Board was free to reject claimant’s argument that he was capable of employment during the time frame at issue.

Mikoll, J. P., Mercure, Crew III and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without costs.

In re the Claim of Kumpan, 201 A.D.2d 818, 609 N.Y.S.2d 868, 1994 N.Y. App. Div. LEXIS 1139 (N.Y. Ct. App. 1994).

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