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In re the Claim of Bass

31 A.D.2d 573 Court N.Y. App. Div. Decision date 1968-11-14 English

Delivered by Gabrielli, J.

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p. 573
In the Matter of the Claim of Andrew D. Bass, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent.

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 small in number but not active and diligent. The question of whether a claimant has made sufficient efforts to meet the statutory test of availabiliy 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 Asher [Catherwood], 29 A D 2d 995 ). 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.