In re the Claim of Viscardi

Appellate Division of the Supreme Court of New York

In re the Claim of Viscardi

50 A.D.2d 703, 375 N.Y.S.2d 493, 1975 N.Y. App. Div. LEXIS 12566

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

DecidedNovember 26, 1975

StatusPublished

Cited by1 cases

This text of 50 A.D.2d 703 (In re the Claim of Viscardi) 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 Viscardi, 50 A.D.2d 703, 375 N.Y.S.2d 493, 1975 N.Y. App. Div. LEXIS 12566 (N.Y. Ct. App. 1975).

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Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 20, 1975, which affirmed the decision of the referee sustaining the initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits effective February 10, 1975 because he was not available for employment. Questions of credibility and the sufficiency of efforts to obtain employment are factual matters for the board to resolve and its determination thereof may not be disturbed when based upon substantial evidence. Such evidence clearly exists in this record for it appears that claimant’s attempts to obtain employment were in a field in which he had little or no experience and he did not diligently seek employment in occupations for which he was suited (Matter of Schachter [Levine], 49 AD2d 996). Decision affirmed, without costs. Greenblott, J. P., Sweeney, Kane, Main and Reynolds, JJ., concur.

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— Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 20, 1975, which affirmed the decision of the referee sustaining the initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits effective February 10, 1975 because he was not available for employment. Questions of credibility and the sufficiency of efforts to obtain employment are factual matters for the board to resolve and its determination thereof may not be disturbed when based upon substantial evidence. Such evidence clearly exists in this record for it appears that claimant’s attempts to obtain employment were in a field in which he had little or no experience and he did not diligently seek employment in occupations for which he was suited (Matter of Schachter [Levine], 49 AD2d 996). Decision affirmed, without costs. Greenblott, J. P., Sweeney, Kane, Main and Reynolds, JJ., concur.

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50 A.D.2d 703, 375 N.Y.S.2d 493, 1975 N.Y. App. Div. LEXIS 12566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-viscardi-nyappdiv-1975.

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