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MATTER OF KIRCHOFF

50 A.D.2d 697 (1975)

In the Matter of the Claim of Patricia M. Kirchoff, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

November 26, 1975

The question of whether the efforts of the claimant, a retail sales person, to secure employment were sufficiently diligent to satisfy the statutory requirement of availability is factual to be determined by the board (e.g. Matter of Knobloch [Catherwood], 28 A.D.2d 765) and where, as here, it cannot be said that the board's determination is not supported by substantial evidence, it must be sustained (e.g. Matter of Bass [Catherwood...

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