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In re the Claim of Simone

53 A.D.2d 768, 384 N.Y.S.2d 249, 1976 N.Y. App. Div. LEXIS 13544
Appellate Division of the Supreme Court of the State of New York·Decided June 10, 1976·Published

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] decision. Decision affirmed, without costs. Kane, J. P., Mahoney, Main, Larkin and Herlihy, JJ., concur.

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In re the Claim of Simone, 53 A.D.2d 768, 384 N.Y.S.2d 249, 1976 N.Y. App. Div. LEXIS 13544 (N.Y. Ct. App. 1976).

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Related

In re the Claim of Bennett
33 A.D.2d 946 (Appellate Division of the Supreme Court of New York, 1970)