In re the Claim of Rivera

Appellate Division of the Supreme Court of New York

In re the Claim of Rivera

13 A.D.2d 575, 211 N.Y.S.2d 854, 1961 N.Y. App. Div. LEXIS 12209

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

DecidedMarch 9, 1961

StatusPublished

This text of 13 A.D.2d 575 (In re the Claim of Rivera) 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 Rivera, 13 A.D.2d 575, 211 N.Y.S.2d 854, 1961 N.Y. App. Div. LEXIS 12209 (N.Y. Ct. App. 1961).

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Opinion

Claimant appeals from a decision of the Unemployment Insurance Appeal Board which upheld certain periods of ineligibility for benefits. As to one period the Referee properly held that he had no jurisdiction because the request for a hearing was not timely filed. The determination was issued and mailed on May 19, 1958, and claimant did not file a request for a hearing until January 6, 1960. The only remaining question for review is the Appeal Board’s decision that claimant was unavailable for employment from April 7,1958 through April 20, 1958. Claimant lost her employment in New York on March 13, 1958, and filed for benefits on March 24, 1958. On April 7, 1958 claimant went to Puerto Rico and during her stay there she lived with her grandmother. The Referee has found and the record shows that " Claimant made no more than one contact a day ” in seeking employment. “ Whether a person is available for employment during a specific period is a question of fact to be determined by the referee and the Appeal Board.” (Matter of Dunn [Corsi], 1 A D 2d 722.) We may not say as a matter of law that the board could not find as it did upon this record. Decision unanimously affirmed, without costs.

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Claimant appeals from a decision of the Unemployment Insurance Appeal Board which upheld certain periods of ineligibility for benefits. As to one period the Referee properly held that he had no jurisdiction because the request for a hearing was not timely filed. The determination was issued and mailed on May 19, 1958, and claimant did not file a request for a hearing until January 6, 1960. The only remaining question for review is the Appeal Board’s decision that claimant was unavailable for employment from April 7,1958 through April 20, 1958. Claimant lost her employment in New York on March 13, 1958, and filed for benefits on March 24, 1958. On April 7, 1958 claimant went to Puerto Rico and during her stay there she lived with her grandmother. The Referee has found and the record shows that " Claimant made no more than one contact a day ” in seeking employment. “ Whether a person is available for employment during a specific period is a question of fact to be determined by the referee and the Appeal Board.” (Matter of Dunn [Corsi], 1 A D 2d 722.) We may not say as a matter of law that the board could not find as it did upon this record. Decision unanimously affirmed, without costs.

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Bluebook (online)

13 A.D.2d 575, 211 N.Y.S.2d 854, 1961 N.Y. App. Div. LEXIS 12209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-rivera-nyappdiv-1961.