In re the Claim of Zammiello

Appellate Division of the Supreme Court of New York

In re the Claim of Zammiello

30 A.D.2d 597, 290 N.Y.S.2d 436, 1968 N.Y. App. Div. LEXIS 3985

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

DecidedMay 20, 1968

StatusPublished

This text of 30 A.D.2d 597 (In re the Claim of Zammiello) 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 Zammiello, 30 A.D.2d 597, 290 N.Y.S.2d 436, 1968 N.Y. App. Div. LEXIS 3985 (N.Y. Ct. App. 1968).

Pincite

Opinion

Herlihy, J.

Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board which sustained an initial determination of the respondent disqualifying the claimant from receiving benefits because she was unavailable for employment. There is substantial evidence to support the finding of the board that the claimant did not make an active, diligent and sincere search for employment. “ Whether a claimant’s efforts to secure employment are sufficiently diligent to satisfy the statutory requirement of availability is a question of fact to be determined by the board and its determination, if rendered upon substantial evidence must be sustained.” (Matter of Knobloch [Catherwood], 28 A D 2d 765, 766.) Decision affirmed, without costs. Gibson, P. J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by Herlihy, J.

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Herlihy, J.

Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board which sustained an initial determination of the respondent disqualifying the claimant from receiving benefits because she was unavailable for employment. There is substantial evidence to support the finding of the board that the claimant did not make an active, diligent and sincere search for employment. “ Whether a claimant’s efforts to secure employment are sufficiently diligent to satisfy the statutory requirement of availability is a question of fact to be determined by the board and its determination, if rendered upon substantial evidence must be sustained.” (Matter of Knobloch [Catherwood], 28 A D 2d 765, 766.) Decision affirmed, without costs. Gibson, P. J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by Herlihy, J.

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Bluebook (online)

30 A.D.2d 597, 290 N.Y.S.2d 436, 1968 N.Y. App. Div. LEXIS 3985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-zammiello-nyappdiv-1968.