Opinion
November 22, 1967
Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board ruling her ineligible for benefits effective August 8, 1966 through September 11, 1966 on the ground that she was not available for employment (Labor Law, § 591, subd. 2). The board has found that claimant, a manicurist who had left her previous employment due to an attack of bursitis, went to stay with her sister on Long Island a few days after she filed her claim to help the sister care for an invalid son and that between the bursitis condition and her stay with her sister was unavailable for work during the period in question. The question of availability for employment during a specific period is factual (e.g., Matter of Balter [ Catherwood], 28 A.D.2d 619; Matter of Daniels [ Catherwood], 28 A.D.2d 601), and thus for the board's sole resolution if its decision is supported by substantial evidence. On the present record we can find no basis to disturb the board's determination. Decision affirmed, without costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur in memorandum by Reynolds, J.