Opinion · Appellate Division of the Supreme Court of the State of New York
In re the Claim of Zapata
In re Claim of Zapata, 50 A.D.2d 681 (Appellate Division of the Supreme Court of the State of New York 1975)
- Type
- Opinion
- Court
- Appellate Division of the Supreme Court of the State of New York
- Jurisdiction
- New York
- Date
- 1975-11-20
- Topic
- employee-benefits-and-executive-compensation
— Appeal from a decision of the Unemployment Insurance Appeal Board filed March 17, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner ruling claimant ineligible for benefits effective November 25, 1974 on the ground that he was not available for employ*682ment. It is undisputed that claimant entered the United States on a nonimmigrant visa in 1972. He has never applied for or received any change of status from the United States Immigration Service or permission to work in this country. Since claimant is legally barred from working in the United States, he is not available for employment and is ineligible for benefits (Matter of Alhanek [Levine], 44 AD2d 908). Decision affirmed, without costs.
Citator
UpLaw has not yet analyzed In re the Claim of Zapata. The absence of a flag is not a finding that it is good law.
- Cited by
- 6 opinions
— Appeal from a decision of the Unemployment Insurance Appeal Board filed March 17, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner ruling claimant ineligible for benefits effective November 25, 1974 on the ground that he was not available for employ