Appellate Division of the Supreme Court of New York, 1968

In re the Claim of Bass

In re the Claim of Bass
Appellate Division of the Supreme Court of New York · Decided November 14, 1968 · Gabrielli
31 A.D.2d 573; 294 N.Y.S.2d 858; 1968 N.Y. App. Div. LEXIS 2921
In re the Claim of Bass

Opinion of the Court

Gabrielli, J.

Appeal from a decision of the Unemployment Insurance Appeal Board filed December 4, 1967 disqualifying claimant from unemployment insurance benefits on the ground he was unavailable for employment. The record supports the finding of the board that the claimant’s job efforts were not only meager but also unrealistic in scope. The question of whether a claimant has made sufficient efforts to meet the statutory test of availability for employment is factual and within the sole province of the board if its determination is, as here, supported by substantial evidence (e.g., Matter of Stuhl [Catherwood], 30 A D 2d 595). Accordingly, the decision must be affirmed. Decision affirmed, without costs. Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Gabrielli, J.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.