In re the Claim of Montes

Appellate Division of the Supreme Court of New York

In re the Claim of Montes

165 A.D.2d 944, 561 N.Y.S.2d 106, 1990 N.Y. App. Div. LEXIS 11273

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

DecidedSeptember 20, 1990

StatusPublished

This text of 165 A.D.2d 944 (In re the Claim of Montes) 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 Montes, 165 A.D.2d 944, 561 N.Y.S.2d 106, 1990 N.Y. App. Div. LEXIS 11273 (N.Y. Ct. App. 1990).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 20, 1989, which ruled that claimant was ineligible to receive unemployment insurance benefits because she was not available for employment.

The evidence before the Unemployment Insurance Appeal Board established that claimant left her normal labor market area where she had a job to return to, went to an area where she had no transportation and where job opportunities were limited, and that her search for work was not meaningful. Under the circumstances, the Board’s conclusion that claimant was unavailable for employment was supported by substantial evidence (see, Matter of Goodman [Catherwood], 33 AD2d 855; Matter of Gaede [Lubin], 9 AD2d 588).

Decision affirmed, without costs.

Kane, J. P., Casey, Mikoll, Yesawich, Jr., and Mercure, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 20, 1989, which ruled that claimant was ineligible to receive unemployment insurance benefits because she was not available for employment.

The evidence before the Unemployment Insurance Appeal Board established that claimant left her normal labor market area where she had a job to return to, went to an area where she had no transportation and where job opportunities were limited, and that her search for work was not meaningful. Under the circumstances, the Board’s conclusion that claimant was unavailable for employment was supported by substantial evidence (see, Matter of Goodman [Catherwood], 33 AD2d 855; Matter of Gaede [Lubin], 9 AD2d 588).

Decision affirmed, without costs.

Kane, J. P., Casey, Mikoll, Yesawich, Jr., and Mercure, JJ., concur.

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Bluebook (online)

165 A.D.2d 944, 561 N.Y.S.2d 106, 1990 N.Y. App. Div. LEXIS 11273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-montes-nyappdiv-1990.

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