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Matter of Bennett

Appellate Division of the Supreme Court of New York, Third Department
Dec 23, 1975
50 A.D.2d 1023 (N.Y. App. Div. 1975)

Opinion

December 23, 1975


Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 18, 1974, which affirmed the decision of a referee holding that since claimant had failed to request a hearing within the statutory period, the initial determination of the Industrial Commissioner that claimant lost his employment through misconduct in connection therewith remains in effect. Section 620 (subd 1, par [a]) of the Labor Law provides that a request for a hearing must be made within the 30 days after mailing the initial determination. There is substantial evidence to sustain the board's determination that the initial determination was mailed to claimant on August 14, 1974 and that claimant did not request a hearing until September 16, 1974 (approximately 33 days thereafter). Under the circumstances, the board was without jurisdiction to hear the appeal (Matter of Merkson [Catherwood], 24 A.D.2d 675). Decision affirmed, without costs. Herlihy, P.J., Sweeney, Koreman, Larkin and Reynolds, JJ., concur.


Summaries of

Matter of Bennett

Appellate Division of the Supreme Court of New York, Third Department
Dec 23, 1975
50 A.D.2d 1023 (N.Y. App. Div. 1975)
Case details for

Matter of Bennett

Case Details

Full title:In the Matter of the Claim of ELIZABETH BENNETT, Appellant. LOUIS L…

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

Date published: Dec 23, 1975

Citations

50 A.D.2d 1023 (N.Y. App. Div. 1975)

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