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In re the Claim of Abreu

37 A.D.2d 1029 Court N.Y. App. Div. Decision date 1971-11-18 English

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p. 1029
In the Matter of the Claim of Adalberto Abreu, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent.

Appeal from a decision of ■the Unemployment Insurance Appeal Board which held claimant ineligible to receive benefits on the ground that he was unavailable for employment (Labor Law, ■§ 591, subd. 2). There is no basis in this record or in fact that the board’s determination is 'discriminatory against Puerto Ricans. Compliance with subdivision 2 of section 591 of the Labor Law does not violate claimant’s constitutionally protected right to travel. (See Matter of Sitiriche [Catherwood], 36 A D 2d 675 .) Decision affirmed, without costs. Herlihy, P. J., Aulisi, Staley, Jr,, Sweeney and Simons, JJ., concur.

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