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Matter of Balter

Appellate Division of the Supreme Court of New York, Third Department
May 22, 1967
28 A.D.2d 619 (N.Y. App. Div. 1967)

Opinion

May 22, 1967


Appeal from a decision of the Unemployment Insurance Appeal Board which held that claimant was ineligible for benefits because of unavailability for employment. Claimant filed for benefits effective April 11, 1966, after her employment had been terminated on April 8, 1966. She was employed as an insurance secretary, and secured new employment on June 13, 1966 from a former employer. During the period from April 11 until June 13, she made some efforts to find work, but the record indicates that these were limited, and only two or three of the prospective employers were contacted in person. On many days she made no effort to seek employment. The finding during the period her search for work was sporadic and unsubstantial, is supported by the record. Whether a claimant's efforts to secure employment are sufficiently diligent to satisfy the statutory requirement of availability for employment is a question of fact to be determined by the appeal board. ( Matter of Jensen [ Catherwood], 27 A.D.2d 588; Matter of Cohen [ Catherwood], 25 A.D.2d 708.) Decision affirmed, without costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur in memorandum by Staley, Jr., J.


Summaries of

Matter of Balter

Appellate Division of the Supreme Court of New York, Third Department
May 22, 1967
28 A.D.2d 619 (N.Y. App. Div. 1967)
Case details for

Matter of Balter

Case Details

Full title:In the Matter of the Claim of CARYL BALTER, Appellant. MARTIN P…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 22, 1967

Citations

28 A.D.2d 619 (N.Y. App. Div. 1967)