Opinion
June 19, 1967
Appeal by claimant from a decision of the Unemployment Insurance Appeal Board which affirmed a decision of a Referee holding that claimant was ineligible for benefits because she was not available for employment. Claimant was employed as a PBX operator, receptionist and typist for four and one-half years through January, 1966 prior to her dismissal by reason of a reorganization of the corporation for which she worked. Her terminal salary was $110 per week. She received benefits through May 16, 1966, when she was ruled ineligible because of unavailability for employment. Claimant submitted lists of prospective employers as evidence of her job seeking activities, but her sole contact with any prospective employer was by telephone conversation, and she refused to accept any employment with a weekly salary of less than $110. She registered with two employment agencies, but had no personal interviews because of her demand of a minimum salary of $110 per week. The salary range for a one-position board operator was from $75 to $90 per week. At the hearing held on June 29, 1966, claimant testified that she expected the birth of a child about the middle of November, and that she only looked for permanent work, and was not interested in trying to obtain temporary work. The present record supports the finding that it was claimant's self-imposed, unrealistic salary restriction that removed her from the labor market. ( Matter of Deelwater [ Catherwood], 15 A.D.2d 619.) The determination that a claimant, during a specific period, was unavailable for employment is a question of fact to be decided by the Referee and Appeal Board. (Labor Law, § 623; Matter of Jensen [ Catherwood], 27 A.D.2d 588; Matter of Morbelli [ Catherwood], 26 A.D.2d 886.) Decision affirmed, without costs. Herlihy, J.P., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Staley, Jr., J.