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Matter of Rendina

Appellate Division of the Supreme Court of New York, Third Department
Nov 13, 1975
50 A.D.2d 659 (N.Y. App. Div. 1975)

Opinion

November 13, 1975


Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 2, 1975, which affirmed the decision of a referee holding the claimant ineligible to receive benefits effective January 27, 1975 because she was not available for employment. The record presented a question of fact as to whether the claimant's efforts to secure employment were sufficiently diligent to satisfy the statutory requirement of availability. Factual issues, including credibility, are within the province of the board. The record contains substantial evidence which supports the determination of the board, and its finding that claimant was unavailable for employment may not, therefore, be disturbed by this court (Matter of Forsyth [Catherwood], 31 A.D.2d 707; Matter of Stuhl [Catherwood], 30 A.D.2d 595). Decision affirmed, without costs. Herlihy, P.J., Greenblott, Kane, Koreman and Main, JJ., concur.


Summaries of

Matter of Rendina

Appellate Division of the Supreme Court of New York, Third Department
Nov 13, 1975
50 A.D.2d 659 (N.Y. App. Div. 1975)
Case details for

Matter of Rendina

Case Details

Full title:In the Matter of the Claim of FAY RENDINA, Appellant. LOUIS L. LEVINE, as…

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

Date published: Nov 13, 1975

Citations

50 A.D.2d 659 (N.Y. App. Div. 1975)