59 A.D.2d 994 | N.Y. App. Div. | 1977
Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 1, 1976, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits effective June 3, 1976 on the ground that she was not available for employment. Claimant was employed as an order clerk until April, 1976 when she was released by her employer due to her pregnancy. The board found that in 1976 between June 3 and June 10 claimant made four job efforts; between June 10 and June 18 she made no efforts; between June 18 and June 29 she made a number of efforts; and that after June 29 she remained close to her home. Although claimant’s expected date of confinement was June 30, 1976 she appeared personally at her hearing on July 14, 1976 and had not yet given birth. Whether claimant’s efforts were sufficiently diligent to satisfy the statutory requirements of availability is a question of fact for the board’s determination and its findings thereon must be affirmed by this court if supported by substantial evidence (Matter of Kryjak [Ross] 53 AD2d 796). Upon review of the record we are of the opinion that substantial evidence supports the board’s findings of unavailability during most of the time period in question. Concerning the period between June 18 and June 29, however, we find no such substantial evidence to support the board’s determination. In the findings of fact, adopted by the board, the referee states that between June 18 and June 29, "claimant made a number of
