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Matter of Lubarsky

Appellate Division of the Supreme Court of New York, Third Department
Apr 22, 1976
52 A.D.2d 695 (N.Y. App. Div. 1976)

Opinion

April 22, 1976


Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 7, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits upon the ground she was unavailable for employment. Availability for employment is a question of fact for resolution by the board and if its findings thereon are supported by substantial evidence the determination must be sustained (Matter of Viscardi [Levine], 50 A.D.2d 703). The same rule applies in reviewing the issue of whether a claimant's efforts to secure employment satisfy the statutory requirements (Matter of Katz [Levine], 51 A.D.2d 613). The record contains substantial evidence supporting the board's determination and, accordingly, we must affirm it. Decision affirmed, without costs. Kane, J.P., Mahoney, Main, Larkin and Herlihy, JJ., concur.


Summaries of

Matter of Lubarsky

Appellate Division of the Supreme Court of New York, Third Department
Apr 22, 1976
52 A.D.2d 695 (N.Y. App. Div. 1976)
Case details for

Matter of Lubarsky

Case Details

Full title:In the Matter of the Claim of EDITH LUBARSKY, Appellant. LOUIS L. LEVINE…

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

Date published: Apr 22, 1976

Citations

52 A.D.2d 695 (N.Y. App. Div. 1976)