In re the Claim of McCarthy

Appellate Division of the Supreme Court of New York

In re the Claim of McCarthy

213 A.D.2d 912, 624 N.Y.S.2d 973, 1995 N.Y. App. Div. LEXIS 3054

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

DecidedMarch 23, 1995

StatusPublished

Cited by2 cases

This text of 213 A.D.2d 912 (In re the Claim of McCarthy) 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 McCarthy, 213 A.D.2d 912, 624 N.Y.S.2d 973, 1995 N.Y. App. Div. LEXIS 3054 (N.Y. Ct. App. 1995).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 25, 1993, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because she was not available for employment.

There is substantial evidence in the record to support the Board’s conclusion that claimant was unavailable for employment. The proof in the record indicates that claimant could not find affordable child care and she had no arrangements in place so that she could either look for work or accept employment if she found it. Accordingly, the Board rationally concluded that claimant was not ready, able or available to work. The record also supports the Board’s finding that claimant received a recoverable overpayment of benefits. Claimant’s remaining arguments have been examined and found to be unpersuasive.

Crew III, J. P., White, Casey 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 May 25, 1993, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because she was not available for employment.

There is substantial evidence in the record to support the Board’s conclusion that claimant was unavailable for employment. The proof in the record indicates that claimant could not find affordable child care and she had no arrangements in place so that she could either look for work or accept employment if she found it. Accordingly, the Board rationally concluded that claimant was not ready, able or available to work. The record also supports the Board’s finding that claimant received a recoverable overpayment of benefits. Claimant’s remaining arguments have been examined and found to be unpersuasive.

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

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Bluebook (online)

213 A.D.2d 912, 624 N.Y.S.2d 973, 1995 N.Y. App. Div. LEXIS 3054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-mccarthy-nyappdiv-1995.

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