MATTER OF GIBEI


284 A.D.2d 784 (2001)

727 N.Y.S.2d 189

In the Matter of the Claim of VIRA GIBEI, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided June 21, 2001.


Claimant was employed as a home health aide until January 2000 when she was discharged for lack of work. On March 20, 2000 she filed an application for unemployment insurance benefits which was denied because she was not authorized to work in the United States due to the expiration of her work authorization card from the Immigration and Naturalization Service (hereinafter INS). The Unemployment Insurance Appeal Board ultimately held that claimant's earnings for services performed...

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