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Matter of Aufieri

Appellate Division of the Supreme Court of New York, Third Department
Mar 14, 1951
278 App. Div. 733 (N.Y. App. Div. 1951)

Opinion

March 14, 1951.

Appeal from Unemployment Insurance Appeal Board.

Present — Foster, P.J., Heffernan, Deyo, Bergan and Coon, JJ.


Claimant, a married woman, was temporarily retired from her employment because she was five months pregnant. This was due to an arbitrary policy on the part of her employer. Thereafter, and before she became physically disabled, she applied for unemployment insurance benefits. Her application was denied initially by the Industrial Commissioner on the ground that she was unavailable for employment. The decision disqualifying her from benefits was apparently made on the ground, not that she was pregnant, but rather because she had made no effort to obtain employment. We think there is some evidence in the record which indicates that claimant looked for employment after she was retired, and hence a question of fact arose as to whether she was available for employment within the meaning of section 522 of the Unemployment Insurance Law (Labor Law, art. 18). Decision affirmed, without costs.


Summaries of

Matter of Aufieri

Appellate Division of the Supreme Court of New York, Third Department
Mar 14, 1951
278 App. Div. 733 (N.Y. App. Div. 1951)
Case details for

Matter of Aufieri

Case Details

Full title:In the Matter of the Claim of CORINNE L. AUFIERI, Respondent. EDWARD…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 14, 1951

Citations

278 App. Div. 733 (N.Y. App. Div. 1951)

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