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MATTER OF BAIJU

509865.

79 A.D.3d 1512 (2010)

In the Matter of the Claim of BISHNU S. BAIJU, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided December 23, 2010.

STEIN, J.

Claimant, a foreign national, was employed as a finance manager for the employer under an H-1B visa until he separated from employment in 2008. In July 2008, claimant first applied for unemployment insurance benefits. Following a hearing, an Administrative Law Judge (hereinafter ALJ) determined that claimant had separated from employment under nondisqualifying circumstances and was available for work because his work

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