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Matter of Daniels

Appellate Division of the Supreme Court of New York, Third Department
May 22, 1967
28 A.D.2d 601 (N.Y. App. Div. 1967)

Opinion

May 22, 1967


Appeal No. 1 is from a decision of the Unemployment Insurance Appeal Board which found claimant ineligible for benefits effective June 1, 1964. The board found that claimant was unavailable for employment because her efforts indicated she did not want permanent employment, that she restricted herself as to areas in which she would work and that she failed to answer advertisements which offered work for which she was qualified. The board adopted the Referee's findings. Appeal No. 2 is from a decision of the Unemployment Insurance Appeal Board which found claimant ineligible for benefits effective July 30, 1964. The determination affirmed was that the claimant was not available for employment since her efforts did not indicate an active search for work, was restricting herself to certain areas and hours and refused permanent employment. The board adopted the Referee's findings. Availability for employment is a question of fact to be determined by the Referee and the Appeal Board, which must be upheld if there is substantial evidence to sustain the findings ( Matter of Jensen [ Catherwood], 27 A.D.2d 588; Matter of Herman [ Catherwood], 25 A.D.2d 473; Matter of Petrossi [ Catherwood], 24 A.D.2d 782). Decision affirmed in each case, without costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by Gabrielli, J.


Summaries of

Matter of Daniels

Appellate Division of the Supreme Court of New York, Third Department
May 22, 1967
28 A.D.2d 601 (N.Y. App. Div. 1967)
Case details for

Matter of Daniels

Case Details

Full title:In the Matter of the Claim of ETHEL DANIELS, 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 601 (N.Y. App. Div. 1967)