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Matter Claim Gary F. Forsyth

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eBook details

  • Title: Matter Claim Gary F. Forsyth
  • Author : Supreme Court of New York
  • Release Date : January 27, 1968
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

Memorandum by the Court. Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 2, 1966, which
determined that claimant was ineligible to receive benefits effective June 21, 1965 on the ground that he was not available
for employment. Claimant, a senior reporter, was discharged by his employer on June 18, 1965. He received one week's vacation
pay after he was discharged. He was interviewed on July 22, 1965 and, at that time, he stated that his job efforts consisted
of checking newspaper ads, and that he did not go any place in person or call any places during the last week. At a subsequent
interview and on the hearing, he reported equally infrequent and sporadic efforts with the same uncertainty as to some of
them, except for one temporary job. On the above record, the board determined that the claimant's job efforts during the period
in issue were meager and sporadic and that his overall job efforts were pro forma, and designed solely to qualify him for
benefits. The board also determined that claimant did not demonstrate a sincere and active search for work and that, under
the circumstances, he was not available for employment. This record presented a question of fact as to whether the claimant's
efforts to secure employment were sufficiently diligent to satisfy the statutory requirement of availability. The record contains
substantial evidence which supports the determination of this question by the board, and the finding by the board that claimant
was unavailable for employment may not, therefore, be disturbed by this court. (Matter of Knobloch [ Catherwood ], 28 A.D.2d
765.) Disposition Decision affirmed, without costs.


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