In re the Claim of Wechselbaum

Memorandum By The Court. Appeal from a decision of the Unemployment Insurance Appeal Board which affirmed the decision of the Referee ruling claimant ineligible to receive further benefits on the ground that he was unavailable for employment within the meaning of the statute. (Unemployment Insurance Law [Labor Law, art. 18], § 591, subd. 2.) Claimant was employed for 38 years in the capacity of a district office and account agent for a life insurance company whose policy mandated the retirement of employees so engaged at age 65. Exemptive action by the employer permitted him to work for an…