Legal Opinion

In re the Claim of Lubarsky

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

Decided April 22, 1976Published

1Opinion of the Court

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 *696sustained (Matter of Viscardi [Levine], 50 AD2d 703). The same rule applies in reviewing the issue of whether a claimant’s efforts…

2Cases cited2 opinions

  1. In re the Claim of KatzAppellate Division of the Supreme Court of the State of New York · 1976
  2. In re the Claim of ViscardiAppellate Division of the Supreme Court of the State of New York · 1975

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