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MATTER OF LAGATTUTA

92 A.D.2d 1076 (1983)

In the Matter of the Claims of Margaret Lagattuta et al., Respondents. Community General Hospital of Sullivan County, Appellant. Lillian Roberts, as Commissioner of Labor, Respondent

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

March 31, 1983

The employer objects to the instant decisions, contending that unemployment benefits should not have been awarded because claimants were not totally unemployed (see Labor Law, § 591, subd 1; 12 NYCRR 490.2 [a], [b]) and because claimants were not available for employment (see Labor Law, § 591, subd 2). Whether a claimant is totally unemployed and whether a claimant is available for employment are questions of fact for the board to resolve (Matter of Schatzberg...

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