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Matter of Hornstein

Appellate Division of the Supreme Court of New York, Third Department
Dec 18, 1975
50 A.D.2d 1003 (N.Y. App. Div. 1975)

Opinion

December 18, 1975


Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 8, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits effective September 2, 1974 because she was not available for employment. Claimant, after retiring from her job in New York, voluntarily moved to Florida. The board found that her alleged efforts to find employment were not realistic and that she was unavailable for employment. These were factual findings within the sole province of the board and, since they were supported by substantial evidence, may not be disturbed (Labor Law, § 623; Matter of Roth [Catherwood], 34 A.D.2d 1081; Matter of Bennett [Catherwood], 33 A.D.2d 946). Decision affirmed, without costs. Greenblott, J.P., Sweeney, Kane, Koreman and Main, JJ., concur.


Summaries of

Matter of Hornstein

Appellate Division of the Supreme Court of New York, Third Department
Dec 18, 1975
50 A.D.2d 1003 (N.Y. App. Div. 1975)
Case details for

Matter of Hornstein

Case Details

Full title:In the Matter of the Claim of FLORENCE HORNSTEIN, Appellant. LOUIS L…

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

Date published: Dec 18, 1975

Citations

50 A.D.2d 1003 (N.Y. App. Div. 1975)