Legal Opinion

In re the Claim of Solomon

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1976Published

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 5, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits because he was not available for employment. Availability for employment during a specific period is a factual question and thus thé board’s determination on this issue must be upheld if it is supported by substantial evidence (e.g. Matter of Herman [Catherwood], 25 AD2d 473). Here, the board could properly conclude on the instant record that…

2Cases cited2 opinions

  1. In re the Claim of ImperatoAppellate Division of the Supreme Court of the State of New York · 1975
  2. In re the Claim of HermanAppellate Division of the Supreme Court of the State of New York · 1966

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