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MATTER OF SOLOMON

53 A.D.2d 931 (1976)

In the Matter of the Claim of Irving Solomon, Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

July 1, 1976

Availability for employment during a specific period is a factual question and thus the board's determination on this issue must be upheld if it is supported by substantial evidence (e.g. Matter of Herman [Catherwood], 25 A.D.2d 473). Here, the board could properly conclude on the instant record that following the loss of his employment as a machine cutter in New York City and move to Florida, claimant, aged 67, did not conduct a...

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