In re the Claim of Natoli

Appellate Division of the Supreme Court of New York

In re the Claim of Natoli

27 A.D.2d 972, 279 N.Y.S.2d 246, 1967 N.Y. App. Div. LEXIS 4350

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

DecidedApril 27, 1967

StatusPublished

This text of 27 A.D.2d 972 (In re the Claim of Natoli) 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 Natoli, 27 A.D.2d 972, 279 N.Y.S.2d 246, 1967 N.Y. App. Div. LEXIS 4350 (N.Y. Ct. App. 1967).

Pincite

Opinion

Herlihy, J.

Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board which found claimant ineligible for benefits effective May 9, 1966. The determination affirmed was that the claimant was not available for employment since her efforts did not indicate an active search for work and she was restricting herself to a certain area. The Referee found that “ claimant’s efforts to find work were meager and failed to demonstrate that she had a genuine attachment to the labor market.” The board adopted the Referee’s findings. The question of whether or not one has made adequate efforts to secure employment is one of fact for the board, necessarily to be determined by a hindsighted evaluation of a claimant’s performance. (Matter of Herman [Catherwood], 25 A D 2d 473; Matter of Schmidt [Catherwood], 25 A D 2d 705.) “ The question of availability has been resolved against the claimant and, since the record sustains this finding, we may not disturb the board’s determination.” (Matter of Petrossi [Catherwood], 24 A D 2d 782, 783.) Decision affirmed, without costs. [973]*973Gibson, P. J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Herlihy, J.

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Herlihy, J.

Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board which found claimant ineligible for benefits effective May 9, 1966. The determination affirmed was that the claimant was not available for employment since her efforts did not indicate an active search for work and she was restricting herself to a certain area. The Referee found that “ claimant’s efforts to find work were meager and failed to demonstrate that she had a genuine attachment to the labor market.” The board adopted the Referee’s findings. The question of whether or not one has made adequate efforts to secure employment is one of fact for the board, necessarily to be determined by a hindsighted evaluation of a claimant’s performance. (Matter of Herman [Catherwood], 25 A D 2d 473; Matter of Schmidt [Catherwood], 25 A D 2d 705.) “ The question of availability has been resolved against the claimant and, since the record sustains this finding, we may not disturb the board’s determination.” (Matter of Petrossi [Catherwood], 24 A D 2d 782, 783.) Decision affirmed, without costs. [973]*973Gibson, P. J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Herlihy, J.

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Bluebook (online)

27 A.D.2d 972, 279 N.Y.S.2d 246, 1967 N.Y. App. Div. LEXIS 4350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-natoli-nyappdiv-1967.