Opinion
July 1, 1976
Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 5, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits because he was not available for employment. Availability for employment during a specific period is a factual question and thus the board's determination on this issue must be upheld if it is supported by substantial evidence (e.g. Matter of Herman [Catherwood], 25 A.D.2d 473). Here, the board could properly conclude on the instant record that following the loss of his employment as a machine cutter in New York City and move to Florida, claimant, aged 67, did not conduct a diligent search for employment. The board could determine that claimant's job seeking efforts were limited and repetitive and also unrealistic (Matter of Imperato [Levine], 50 A.D.2d 1014; Matter of Stupell [Levine], 47 A.D.2d 597). Decision affirmed, without costs. Greenblott, J.P., Kane, Larkin, Herlihy and Reynolds, JJ., concur.