N.Y. Lab. Law § 523

§ 523. Effective day. "Effective day" means a full day of total\nunemployment provided such day falls within a week in which a claimant\nhad four or more days of total unemployment and provided further that\nonly those days of total unemployment in excess of three days within\nsuch week are deemed "effective days". No effective day is deemed to\noccur in a week in which the claimant has days of employment for which\nhe is paid compensation exceeding the highest benefit rate which is\napplicable to any claimant in such week. A claimant who is employed on a\nshift continuing through midnight is deemed to have been employed on the\nday beginning before midnight with respect to such shift, except where\nnight shift employees are regularly scheduled to start their work week\nat seven post meridiem or thereafter on Sunday night, their regularly\nscheduled starting time on Sunday shall be considered as starting on\nMonday.\n