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Publisher Description

By decision filed October 1, 1996, an Administrative Law Judge ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment as a home care attendant was terminated due to misconduct. Claimant failed to appeal from the October 1, 1996 decision until January 7, 1997. Notwithstanding claimants proffered excuse that she was waiting to hear from her attorney, we conclude that the Unemployment Insurance Appeal Board properly dismissed the appeal as untimely given claimants failure to comply with the strict 20-day statutory period set forth in Labor Law § 621 (1) (see, Matter of Mulheron [Sweeney], 240 AD2d 809). We accordingly decline to address the merits of her disqualification from benefits (see, Matter of Stock [Commissioner of Labor], AD2d, 670 NYS2d 810). Furthermore, in the absence of a showing of an abuse of discretion, the Boards decision to deny claimants application to reopen and reconsider will not be disturbed.

GENRE
Professional & Technical
RELEASED
1998
September 10
LANGUAGE
EN
English
LENGTH
1
Page
PUBLISHER
LawApp Publishers
SIZE
61.8
KB

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