Legal Opinion

In re the Claim of Diamond

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

Decided December 29, 1994PublishedCited by 4 opinions

1Opinion of the CourtCardona, P. J.

Appeals from two decisions of the Unemployment Insurance Appeal Board, filed August 12, 1993, which ruled that claimant was not entitled to receive unemployment insurance benefits because she was not available for employment.

In May 1988, claimant, a British national, was admitted to the United States on a nonimmigrant H-1 visa* as a modern dancer sponsored and employed by Merce Cunningham Dance Company in New York City. For three weeks in 1989 and two weeks in 1992, claimant, along with all other dancers in the company, were laid off during hiatuses in the company’s schedule. During both of…

2Cases cited3 opinions

  1. In re the Claim of FisherNew York Court of Appeals · 1975
  2. Pinilla v. BD. OF REVIEW DEP'T OF LABOR AND IND.New Jersey Superior Court Appellate Division · 1978
  3. In re the Claim of ZapataAppellate Division of the Supreme Court of the State of New York · 1975

3Cited by4 opinions

  1. In re the Claim of GraifAppellate Division of the Supreme Court of the State of New York · 1998
  2. In re the Claim of EnriqueAppellate Division of the Supreme Court of the State of New York · 2004
  3. In re the Claim of OkumakpeyiAppellate Division of the Supreme Court of the State of New York · 2002
  4. In re the Claim of GibeiAppellate Division of the Supreme Court of the State of New York · 2001

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