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

Appellate Division of the Supreme Court of the State of New York·Decided November 13, 1975·Published

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.

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).

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50 A.D.2d 659 (In re the Claim of Rendina) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.