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MATTER CLAIM PAULETTE MCNAMARA (10/23/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT


October 23, 1969

IN THE MATTER OF THE CLAIM OF PAULETTE MCNAMARA, APPELLANT. MARTIN P. CATHERWOOD, AS INDUSTRIAL COMMISSIONER, RESPONDENT

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 27, 1969, disqualifying claimant from unemployment insurance benefits on the ground that she was not available for employment (Labor Law, ยง 591, subd. 2).

Cooke, J. Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur in memorandum by Cooke, J.

Author: Cooke

There was proof indicating: that for the month and a half from the time claimant filed for benefits to the date of the hearing claimant made only five job efforts, all in her immediate neighborhood; that claimant saw some advertisements in one newspaper but the positions listed were not satisfactory as to salary; that she bought another paper only once; that she did not intensify her efforts to find employment because she was awaiting the results of the Referee's hearing; that she did not apply for re-employment though told on her exit interview that she could do so; and that, although she had worked as a check processor for the Federal Reserve Bank, she did not apply for employment at any bank. Whether a person is available for employment is a question of fact and, since the board's determination is supported by substantial evidence, it must be upheld (Matter of Lunney [ Catherwood ], 32 A.D.2d 864; Matter of Bass [ Catherwood ], 31 A.D.2d 573; Matter of Ciganek [ Catherwood ], 30 A.D.2d 607).

 Disposition

Decision affirmed, without costs.

19691023

© 1998 VersusLaw Inc.



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