In re the Claim of Wallace

Appellate Division of the Supreme Court of New York

In re the Claim of Wallace

51 A.D.2d 608, 378 N.Y.S.2d 330, 1976 N.Y. App. Div. LEXIS 10930

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1976·Published·Cited by 2 cases

Opinion

Appeal froma decision of the Unemployment Insurance Appeal Board, filed July 2, 1975, which, upon reconsideration of a prior decision, found claimant ineligible to receive benefits because he was unavailable for employment. Availability for employment is a factual issue to be determined by the board (Matter of Pantel [Catherwood], 35 AD2d 681). Upon this entire record, considering the fact that claimant’s attendance at college severely restricted his job efforts, there is substantial evidence to support the determination of the board. Decision affirmed, without costs. Herlihy, P. J., Sweeney, Kane, Koreman and Larkin, JJ., concur.

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Appeal froma decision of the Unemployment Insurance Appeal Board, filed July 2, 1975, which, upon reconsideration of a prior decision, found claimant ineligible to receive benefits because he was unavailable for employment. Availability for employment is a factual issue to be determined by the board (Matter of Pantel [Catherwood], 35 AD2d 681). Upon this entire record, considering the fact that claimant’s attendance at college severely restricted his job efforts, there is substantial evidence to support the determination of the board. Decision affirmed, without costs. Herlihy, P. J., Sweeney, Kane, Koreman and Larkin, JJ., concur.

In re the Claim of Wallace, 51 A.D.2d 608, 378 N.Y.S.2d 330, 1976 N.Y. App. Div. LEXIS 10930 (N.Y. Ct. App. 1976).

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