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MATTER OF ALVES

52 A.D.2d 1023 (1976)

In the Matter of the Claim of Maria Alves, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

May 27, 1976

It is clear and long established law that the issue of whether one is or is not available for employment is one of fact and its resolution is within the sole province of the board. Its resolution of the issue must be upheld if supported by substantial evidence (Matter of Bass [Catherwood], 31 A.D.2d 573). Claimant's admission that she had not looked for work because there was none and because she expected to be called back to work...

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