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MATTER OF DIAMOND

210 A.D.2d 835 (1994)

620 N.Y.S.2d 595

In the Matter of the Claim of Emma J. Diamond, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

December 29, 1994

Cardona, P. J.

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 those periods all of the dancers applied...

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