Appellate Division of the Supreme Court of New York, 1976

In re the Claim of Gordon

In re the Claim of Gordon
Appellate Division of the Supreme Court of New York · Decided February 26, 1976
51 A.D.2d 854; 380 N.Y.S.2d 114; 1976 N.Y. App. Div. LEXIS 11459
In re the Claim of Gordon

Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 25, 1975, which affirmed the decision of a referee modifying and sustaining, as modified, an initial determination of the Industrial Commissioner disqualifying claimant from unemployment insurance benefits because she was not available for employment. Availability for employment during any specific period is a question of fact to be determined by the board. If it is based upon substantial evidence, it must be sustained (Matter of Bennett [Catherwood], 33 AD2d 946). Upon review of the record, we find substantial evidence to support the decision of the board. Decision affirmed, without costs. Koreman, P. J., Sweeney, Kane, Mahoney and Main, JJ., concur.

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