Legal Opinion

In re the Claim of Alves

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

Decided May 27, 1976Published

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 2, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits effective April 14, 1975 because she was unavailable for employment. It is clear and long established law that the issue of whether one is or is not available for employment is one of fact and its resolution is within the sole province of the board. Its resolution of the issue must be upheld if supported by substantial evidence (Matter of Bass…

2Cases cited1 opinion

  1. In re the Claim of BassAppellate Division of the Supreme Court of the State of New York · 1968

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