In re the Claim of McDonald

Appellate Division of the Supreme Court of New York

In re the Claim of McDonald

33 A.D.2d 594, 304 N.Y.S.2d 292, 1969 N.Y. App. Div. LEXIS 3126

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

DecidedOctober 20, 1969

StatusPublished

Cited by3 cases

This text of 33 A.D.2d 594 (In re the Claim of McDonald) 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 McDonald, 33 A.D.2d 594, 304 N.Y.S.2d 292, 1969 N.Y. App. Div. LEXIS 3126 (N.Y. Ct. App. 1969).

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Opinion

Memorandum by the Court.

Appeal by the claimant from a. decision of the Unemployment Insurance Appeals Board, filed May 9, 1968, which sustained a determination of the respondent that the claimant was ineligible to receive benefits. The board found that the claimant had not demonstrated that he was in the labor market by making diligent efforts to find employment. The claimant contended that-because of his age he was unable to obtain such employment. The issue of active and diligent effort to obtain employment is a factual one and there is substantial evidence.to sustain the board’s determination. (See Matter of Pisani [Gatherwood], 31 A D 2d 573.) Decision affirmed, without costs. Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur in memorandum by the court.

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Memorandum by the Court.

Appeal by the claimant from a. decision of the Unemployment Insurance Appeals Board, filed May 9, 1968, which sustained a determination of the respondent that the claimant was ineligible to receive benefits. The board found that the claimant had not demonstrated that he was in the labor market by making diligent efforts to find employment. The claimant contended that-because of his age he was unable to obtain such employment. The issue of active and diligent effort to obtain employment is a factual one and there is substantial evidence.to sustain the board’s determination. (See Matter of Pisani [Gatherwood], 31 A D 2d 573.) Decision affirmed, without costs. Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur in memorandum by the court.

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Bluebook (online)

33 A.D.2d 594, 304 N.Y.S.2d 292, 1969 N.Y. App. Div. LEXIS 3126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-mcdonald-nyappdiv-1969.

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