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MATTER OF ZAPATA

50 A.D.2d 681 (1975)

In the Matter of the Claim of Delio Zapata, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 20, 1975

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 A.D.2d 908).

Decision affirmed...

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