In re the Claim of Rendina

Appellate Division of the Supreme Court of New York

In re the Claim of Rendina

50 A.D.2d 659, 374 N.Y.S.2d 463, 1975 N.Y. App. Div. LEXIS 12492

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

DecidedNovember 13, 1975

StatusPublished

This text of 50 A.D.2d 659 (In re the Claim of Rendina) 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 Rendina, 50 A.D.2d 659, 374 N.Y.S.2d 463, 1975 N.Y. App. Div. LEXIS 12492 (N.Y. Ct. App. 1975).

Pincite

Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 2, 1975, which affirmed the decision of a referee holding the claimant ineligible to receive benefits effective January 27, 1975 because she was not available for employment. The record presented a question of fact as to whether the claimant’s efforts to secure employment were sufficiently diligent to satisfy the statutory requirement of availability. Factual issues, including credibility, are within the province of the board. The record contains substantial evidence which supports the determination of the board, and its finding that claimant was unavailable for employment may not, therefore, be disturbed by this court (Matter of Forsyth [Catherwood], 31 AD2d 707; Matter ofStuhl [Catherwood], 30 AD2d 595). Decision affirmed, without costs. Herlihy, P. J., Greenblott, Kane, Koreman and Main, JJ., concur.

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— Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 2, 1975, which affirmed the decision of a referee holding the claimant ineligible to receive benefits effective January 27, 1975 because she was not available for employment. The record presented a question of fact as to whether the claimant’s efforts to secure employment were sufficiently diligent to satisfy the statutory requirement of availability. Factual issues, including credibility, are within the province of the board. The record contains substantial evidence which supports the determination of the board, and its finding that claimant was unavailable for employment may not, therefore, be disturbed by this court (Matter of Forsyth [Catherwood], 31 AD2d 707; Matter ofStuhl [Catherwood], 30 AD2d 595). Decision affirmed, without costs. Herlihy, P. J., Greenblott, Kane, Koreman and Main, JJ., concur.

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Bluebook (online)

50 A.D.2d 659, 374 N.Y.S.2d 463, 1975 N.Y. App. Div. LEXIS 12492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-rendina-nyappdiv-1975.