In re the Claim of Simone
This text of 53 A.D.2d 768 (In re the Claim of Simone) 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.
Opinion
Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 24, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits because he was unavailable for employment. The issue of availability for employment is one of fact and if the board’s determination thereof is supported by substantial evidence, it must be affirmed (Matter of Bennett [Catherwood] 33 AD2d 946). Examination of this record demonstrates the existence of such evidence and, accordingly, we must affirm the board’s [769]*769decision. Decision affirmed, without costs. Kane, J. P., Mahoney, Main, Larkin and Herlihy, JJ., concur.
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Cite This Page — Counsel Stack
53 A.D.2d 768, 384 N.Y.S.2d 249, 1976 N.Y. App. Div. LEXIS 13544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-simone-nyappdiv-1976.