Opinion
October 27, 1967
Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board dated October 18, 1966 which held that he was ineligible to receive benefits effective July 26, 1966 on the ground that he was not available for employment. The Referee found that the claimant's efforts to find work were perfunctory and token in nature and that he failed to demonstrate that he was actively seeking employment. This finding was apparently premised upon the factual determination that the claimant had made only four personal contacts for jobs since July 26, 1966. The initial determination of respondent was premised also on the claimant's removal to a rural area with little job opportunities, but the Referee apparently did not rely upon this ground. We have previously held that "Whether a person is available for employment during a specific period is a question of fact to be determined by the Referee and the Appeal Board". ( Matter of Dunn [ Corsi], 1 A.D.2d 722.) We cannot say as a matter of law that the board could not find as it did upon this record. Decision affirmed, without costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur in memorandum by Herlihy, J.