Appellate Division of the Supreme Court of New York, 1952

In re the Claim of Russ

In re the Claim of Russ
Appellate Division of the Supreme Court of New York · Decided September 24, 1952
280 A.D. 908; 115 N.Y.S.2d 449; 1952 N.Y. App. Div. LEXIS 4130
In re the Claim of Russ

Opinion of the Court

Appeal by claimant from a decision of the Unemployment Insurance Appeal Board affirming a holding which disqualified claimant for benefits on the, ground that he was unavailable for employment. The issue is merely one of fact to be determined from all the circumstances of the ease. We cannot say, as a matter of law, that the record does not sustain the finding of the board. Decision affirmed, without costs. Foster, P. J., Brewster, Bergan and Coon, JJ., concur; Heffernan, J., taking no part.

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