Legal Opinion

In re Birnbaum

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

Decided November 13, 2014Published

1Opinion of the Court

*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…

2Cases cited4 opinions

  1. In re the Claim of FranconeriAppellate Division of the Supreme Court of the State of New York · 1993
  2. In re the Claim of Le PorteAppellate Division of the Supreme Court of the State of New York · 1988
  3. In re the Claim of NewellAppellate Division of the Supreme Court of the State of New York · 2004
  4. In re the Claim of BriggsAppellate Division of the Supreme Court of the State of New York · 2011

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