NEW YORK UNEMPLOYMENT INSURANCE - HEARINGS AND APPEALS - CAPABILITY OF EMPLOYMENT - CASE NO. 6

From the NYS UI regulations (emphasis supplied) where the issue of capability is discussed albeit in another context:

"§ 490.5 Total unemployment
(Unemployment Insurance Law, § 522)..

"Days of rest and absence with pay.

A claimant who is capable of and available for work is totally unemployed on Sundays, holidays and other days of rest scheduled by his employer, even if an employer-employee relationship exists on such days, provided he does not work on such days and they are not days of paid vacation or other paid leave....."