In re the Claim of Schmidt

Appellate Division of the Supreme Court of New York

In re the Claim of Schmidt

25 A.D.2d 705, 268 N.Y.S.2d 90, 1966 N.Y. App. Div. LEXIS 4713

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

DecidedMarch 28, 1966

StatusPublished

This text of 25 A.D.2d 705 (In re the Claim of Schmidt) 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 Schmidt, 25 A.D.2d 705, 268 N.Y.S.2d 90, 1966 N.Y. App. Div. LEXIS 4713 (N.Y. Ct. App. 1966).

Pincite

Opinion

Herlihy, J.

The claimant appeals from a decision denying unemployment insurance benefits. The employment of claimant was terminated in March, 1964, due to her having attained retirement age. She received 12 unemployment benefit checks until she moved to California. Thereafter a hearing was held in that State at which the claimant testified that albeit the prevailing wage was $300 per month, she could not work for less than $90 per week. She further stated that she had not made application for work to any of the establishments in and about the community where she resided. The board found that she was unavailable for employment because she made no effort to obtain clerical work for .which she was qualified at the prevailing rate of pay in the area to which she had moved. The determination of this factual issue was exclusively within the province of the board and supported by substantial evidence. Decision affirmed, without costs.

Gibson, P. J., Taylor, Aulisi and Hamm, JJ., concur.

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Herlihy, J.

The claimant appeals from a decision denying unemployment insurance benefits. The employment of claimant was terminated in March, 1964, due to her having attained retirement age. She received 12 unemployment benefit checks until she moved to California. Thereafter a hearing was held in that State at which the claimant testified that albeit the prevailing wage was $300 per month, she could not work for less than $90 per week. She further stated that she had not made application for work to any of the establishments in and about the community where she resided. The board found that she was unavailable for employment because she made no effort to obtain clerical work for .which she was qualified at the prevailing rate of pay in the area to which she had moved. The determination of this factual issue was exclusively within the province of the board and supported by substantial evidence. Decision affirmed, without costs.

Gibson, P. J., Taylor, Aulisi and Hamm, JJ., concur.

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Bluebook (online)

25 A.D.2d 705, 268 N.Y.S.2d 90, 1966 N.Y. App. Div. LEXIS 4713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-schmidt-nyappdiv-1966.