In re the Claim of Penepent

Appellate Division of the Supreme Court of New York

In re the Claim of Penepent

49 A.D.2d 997, 374 N.Y.S.2d 400, 1975 N.Y. App. Div. LEXIS 11333

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

DecidedOctober 30, 1975

StatusPublished

This text of 49 A.D.2d 997 (In re the Claim of Penepent) 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 Penepent, 49 A.D.2d 997, 374 N.Y.S.2d 400, 1975 N.Y. App. Div. LEXIS 11333 (N.Y. Ct. App. 1975).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 3, 1975, which affirmed the initial decision of the Industrial Commissioner holding claimant ineligible to receive benefits because he was not available for employment. The board found that claimant’s effort to seek employment during the period at issue had "not been diligent and active but * * * merely token”, and he was thus not available for employment. This determination is factual, and if supported by substantial evidence, it must be sustained (Matter of Bennett [Catherwood] 33 AD2d 946). The instant record contains solely issues of fact and credibility, and it cannot be said that the board’s decision is not sustainable. Decision affirmed, without costs. Herlihy, P. J., Sweeney, Main, Larkin and Reynolds, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 3, 1975, which affirmed the initial decision of the Industrial Commissioner holding claimant ineligible to receive benefits because he was not available for employment. The board found that claimant’s effort to seek employment during the period at issue had "not been diligent and active but * * * merely token”, and he was thus not available for employment. This determination is factual, and if supported by substantial evidence, it must be sustained (Matter of Bennett [Catherwood] 33 AD2d 946). The instant record contains solely issues of fact and credibility, and it cannot be said that the board’s decision is not sustainable. Decision affirmed, without costs. Herlihy, P. J., Sweeney, Main, Larkin and Reynolds, JJ., concur.

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Bluebook (online)

49 A.D.2d 997, 374 N.Y.S.2d 400, 1975 N.Y. App. Div. LEXIS 11333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-penepent-nyappdiv-1975.

Opinion

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