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MATTER OF MALONEY

29 A.D.2d 592 (1967)

In the Matter of the Claim of Peter Maloney, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 15, 1967

REYNOLDS, J.

The question as to whether a claimant in a given case has been sufficiently diligent in his efforts to secure employment to satisfy the statutory requirement of availability is clearly factual, and thus if the board's determination is premised on substantial evidence, it must be sustained (e.g., Matter of Knobloch [Catherwood], 28 A.D.2d 765). On the instant record we cannot say that the board could...

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