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MATTER OF SIMONE

53 A.D.2d 768 (1976)

In the Matter of the Claim of Joseph A. Simone, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

June 10, 1976

The issue of availability for employment is one of fact and if the board's determination thereof is supported by substantial evidence, it must be affirmed (Matter of Bennett [Catherwood], 33 A.D.2d 946). Examination of this record demonstrates the existence of such evidence and, accordingly, we must affirm the board's decision.

Decision affirmed,...

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