Opinion
February 25, 1971
Appeal from a decision of the Unemployment Insurance Appeal Board holding appellant ineligible to receive benefits from May 19 to August 3, 1969 on the ground that he was unavailable for employment (Labor Law, § 591, subd. 2). Appellant, employed in New York City as a metal polisher for 17 years, was laid off in April, 1969, and in May, 1969 moved to Guayanill, Puerto Rico where he owned a home. The board could properly find that in moving to this area of Puerto Rico appellant removed himself to an area of high persistent unemployment where there was no demand for any occupation for which he was qualified and that in doing so during his sojourn in Puerto Rico he was unavailable for employment ( Matter of Alvarado [ Catherwood], 35 A.D.2d 688; Matter of Bayon [ Catherwood], 35 A.D.2d 688; cf. Matter of Gaede [ Lubin], 9 A.D.2d 588; Matter of Dunn [ Corsi], 1 A.D.2d 722). We find no basis upon which to conclude that claimant's constitutional rights had been violated and, accordingly, the board's decision must be upheld. Decision affirmed, without costs. Herlihy, P.J., Reynolds, Staley, Jr., Greenblott and Sweeney, JJ., concur.