In re Birnbaum

*1040Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 25, 2013, which ruled that claimant was ineligible to receive unemployment insurance benefits because he was employed in a major nontenured policymaking or advisory position within the meaning of Labor Law § 565 (2) (e).

Claimant worked for the Division of Human Rights (hereinafter DHR) as the Deputy Commissioner for Division Initiated Investigations and Complaints. This was a nontenured position classified as management/confidential. Claimant served at the discretion of the Commissioner of Human Rights as well as…