In re the Claim of Schachter

Appellate Division of the Supreme Court of New York

In re the Claim of Schachter

49 A.D.2d 996, 375 N.Y.S.2d 38, 1975 N.Y. App. Div. LEXIS 11329

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

DecidedOctober 30, 1975

StatusPublished

Cited by1 cases

This text of 49 A.D.2d 996 (In re the Claim of Schachter) 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 Schachter, 49 A.D.2d 996, 375 N.Y.S.2d 38, 1975 N.Y. App. Div. LEXIS 11329 (N.Y. Ct. App. 1975).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 2, 1975, which adopted and affirmed a referee’s decision sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits to February 6, 1975 because claimant was not available for employment (Labor Law, § 591). The record establishes minimal job seeking efforts and shows that claimant was not actively in the labor market. The issue of active and diligent effort to obtain employment is a factual issue (Matter of McDonald [Catherwood], 33 AD2d 594). There is substantial evidence to sustain the board’s determination. Decision affirmed, without costs. Herlihy, P. J., Sweeney, Main, Lafkin and Reynolds, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 2, 1975, which adopted and affirmed a referee’s decision sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits to February 6, 1975 because claimant was not available for employment (Labor Law, § 591). The record establishes minimal job seeking efforts and shows that claimant was not actively in the labor market. The issue of active and diligent effort to obtain employment is a factual issue (Matter of McDonald [Catherwood], 33 AD2d 594). There is substantial evidence to sustain the board’s determination. Decision affirmed, without costs. Herlihy, P. J., Sweeney, Main, Lafkin and Reynolds, JJ., concur.

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Bluebook (online)

49 A.D.2d 996, 375 N.Y.S.2d 38, 1975 N.Y. App. Div. LEXIS 11329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-schachter-nyappdiv-1975.

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