In re the Claim of Simone

53 A.D.2d 768, 384 N.Y.S.2d 249, 1976 N.Y. App. Div. LEXIS 13544

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.

Bluebook
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).

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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Related

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

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Bluebook (online)
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.