Appellate Division of the Supreme Court of New York, 1976

In re the Claim of Wallace

In re the Claim of Wallace
Appellate Division of the Supreme Court of New York · Decided January 15, 1976
51 A.D.2d 608; 378 N.Y.S.2d 330; 1976 N.Y. App. Div. LEXIS 10930
In re the Claim of Wallace

Opinion of the Court

Appeal froma decision of the Unemployment Insurance Appeal Board, filed July 2, 1975, which, upon reconsideration of a prior decision, found claimant ineligible to receive benefits because he was unavailable for employment. Availability for employment is a factual issue to be determined by the board (Matter of Pantel [Catherwood], 35 AD2d 681). Upon this entire record, considering the fact that claimant’s attendance at college severely restricted his job efforts, there is substantial evidence to support the determination of the board. Decision affirmed, without costs. Herlihy, P. J., Sweeney, Kane, Koreman and Larkin, JJ., concur.

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