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In re Claim of Fascaldo v. Commr. of Labor

Appellate Division of the Supreme Court of New York, Third Department
May 17, 2001
283 A.D.2d 827 (N.Y. App. Div. 2001)

Opinion

May 17, 2001.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 19, 2000, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Robert C. Agee, New York City, for appellant.

Before: Mercure, J.P., Peters, Spain, Carpinello and Rose, JJ.


MEMORANDUM AND ORDER

Claimant was discharged from her employment as a bank teller for violating the employer's policy regarding check cashing procedures. On January 19, 2000, the Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving benefits because she was terminated due to misconduct. Claimant thereafter applied to the Board for a reopening and reconsideration of the January 19, 2000 decision. On March 30, 2000, the Board denied this request. In the interim, claimant filed a notice of appeal on March 15, 2000 from the original decision. Claimant has not appealed from the denial of her request for reopening and reconsideration.

Inasmuch as claimant's appeal is untimely, we will not consider the merits. Labor Law § 624 provides that an appeal from a decision of the Board must be filed within 30 days. Claimant's notice of appeal from the Board's decision of January 19, 2000 was not filed until March 15, 2000, well after the 30-day limitations period had expired (see, Matter of Matter of Rogers [Community Health Ctr. — Commissioner of Labor], 268 A.D.2d 937). Accordingly, the appeal is dismissed as untimely.

ORDERED that the appeal is dismissed, as untimely, without costs.


Summaries of

In re Claim of Fascaldo v. Commr. of Labor

Appellate Division of the Supreme Court of New York, Third Department
May 17, 2001
283 A.D.2d 827 (N.Y. App. Div. 2001)
Case details for

In re Claim of Fascaldo v. Commr. of Labor

Case Details

Full title:IN THE MATTER OF THE CLAIM OF MARIA T. FASCALDO, Appellant v. COMMISSIONER…

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

Date published: May 17, 2001

Citations

283 A.D.2d 827 (N.Y. App. Div. 2001)
724 N.Y.S.2d 371

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