In re the Claim of Zapata

Appellate Division of the Supreme Court of New York

In re the Claim of Zapata

50 A.D.2d 681, 375 N.Y.S.2d 424, 1975 N.Y. App. Div. LEXIS 12518

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 20, 1975

StatusPublished

Cited by6 cases

This text of 50 A.D.2d 681 (In re the Claim of Zapata) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim of Zapata, 50 A.D.2d 681, 375 N.Y.S.2d 424, 1975 N.Y. App. Div. LEXIS 12518 (N.Y. Ct. App. 1975).

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Opinion

— 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[682]*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. Greenblott, J. P., Koreman, Main, Larkin and Reynolds, JJ., concur.

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— 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[682]*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. Greenblott, J. P., Koreman, Main, Larkin and Reynolds, JJ., concur.

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Bluebook (online)

50 A.D.2d 681, 375 N.Y.S.2d 424, 1975 N.Y. App. Div. LEXIS 12518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-zapata-nyappdiv-1975.

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