In re the Claims of Lagattuta

Appellate Division of the Supreme Court of New York

In re the Claims of Lagattuta

92 A.D.2d 1076, 461 N.Y.S.2d 916, 1983 N.Y. App. Div. LEXIS 17474

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

DecidedMarch 31, 1983

StatusPublished

Cited by1 cases

This text of 92 A.D.2d 1076 (In re the Claims of Lagattuta) 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 Claims of Lagattuta, 92 A.D.2d 1076, 461 N.Y.S.2d 916, 1983 N.Y. App. Div. LEXIS 17474 (N.Y. Ct. App. 1983).

Pincite

Opinion

— Appeals (1) from a decision of the Unemployment Insurance Appeal Board, filed December 1, 1981, which ruled that claimants were totally unemployed and were therefore eligible for unemployment benefits, and (2) from decisions of said board, filed on various dates, which ruled that claimants were available for employment and were therefore eligible for unemployment benefits. The employer objects to the instant decisions, contending that unemployment benefits should not have been awarded because claimants were not totally unemployed (see Labor Law, § 591, subd 1; 12 NYCRR 490.2 [a], [b]) and because claimants were not available for employment (see Labor Law, § 591, subd 2). Whether a claimant is totally unemployed and whether a claimant is available for employment are questions of fact for the board to resolve (Matter ofSchatzberg [Catherwood], 32 AD2d 710; Matter of Fernandez [Levine], 50 AD2d 659). A review of the records herein reveals that the board’s determinations are supported by substantial evidence and, accordingly, must be affirmed (id.). We note that, pursuant to the agreement of the parties at oral argument, we have not considered certain cases and have reviewed certain others only with respect to the issue of total unemployment.

Free access — add to your briefcase to read the full text and ask questions with AI

— Appeals (1) from a decision of the Unemployment Insurance Appeal Board, filed December 1, 1981, which ruled that claimants were totally unemployed and were therefore eligible for unemployment benefits, and (2) from decisions of said board, filed on various dates, which ruled that claimants were available for employment and were therefore eligible for unemployment benefits. The employer objects to the instant decisions, contending that unemployment benefits should not have been awarded because claimants were not totally unemployed (see Labor Law, § 591, subd 1; 12 NYCRR 490.2 [a], [b]) and because claimants were not available for employment (see Labor Law, § 591, subd 2). Whether a claimant is totally unemployed and whether a claimant is available for employment are questions of fact for the board to resolve (Matter ofSchatzberg [Catherwood], 32 AD2d 710; Matter of Fernandez [Levine], 50 AD2d 659). A review of the records herein reveals that the board’s determinations are supported by substantial evidence and, accordingly, must be affirmed (id.). We note that, pursuant to the agreement of the parties at oral argument, we have not considered certain cases and have reviewed certain others only with respect to the issue of total unemployment.

Cite This Page — Counsel Stack

Bluebook (online)

92 A.D.2d 1076, 461 N.Y.S.2d 916, 1983 N.Y. App. Div. LEXIS 17474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claims-of-lagattuta-nyappdiv-1983.

Opinion

Related

Cite This Page — Counsel Stack