Opinion
April 22, 1976
Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 7, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits because she was not available for employment. Claimant, a teacher's aide, had been employed for some years in New York City until June, 1975 when her job terminated under nondisqualifying conditions. She then moved up-State permanently because her husband planned to retire and her daughter was going to college in the up-State locality. Whether a claimant's efforts to secure employment are sufficiently diligent to satisfy the statutory requirement of availability is a question of fact to be determined by the board and its determination, if rendered on substantial evidence, must be sustained (Matter of Bennett [Catherwood], 33 A.D.2d 946). There is substantial evidence in this record from which the board might conclude that claimant's efforts were not sufficiently diligent. Although claimant contends she made frequent job efforts, the record indicates that during the time in question she made application at two real estate offices and the local school board office. Other than the few places stated, claimant advised the referee that she could recall no others. Decision affirmed, without costs. Greenblott, J.P., Kane, Main, Larkin and Herlihy, JJ., concur.