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Matter of Brockman

Appellate Division of the Supreme Court of New York, Third Department
Nov 13, 1997
244 A.D.2d 687 (N.Y. App. Div. 1997)

Opinion

November 13, 1997

Appeal from the Unemployment Insurance Appeal Board.


Claimant's application for unemployment insurance benefits was ruled invalid by the Unemployment Insurance Appeal Board on the ground that it was not filed until 19 months after claimant's last period of covered employment ( see, Labor Law § 596). The Board further ruled that claimant failed to establish that he had "good cause" for the delay in filing for benefits. Claimant's subsequent application to reopen and reconsider the Board's decision in this matter was also untimely, coming almost three months after the 30-day limitations period set forth in Labor Law § 620. In the absence of a showing that the Board abused its discretion in denying claimant's application to reopen and reconsider, its decision will not be disturbed ( see, Matter of Martino [Sweeney], 239 A.D.2d 645; Matter of Trincere [Sweeney], 235 A.D.2d 904).

Cardona, P.J., Mikoll, Crew III, White and Peters, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Brockman

Appellate Division of the Supreme Court of New York, Third Department
Nov 13, 1997
244 A.D.2d 687 (N.Y. App. Div. 1997)
Case details for

Matter of Brockman

Case Details

Full title:In the Matter of the Claim of FREDERICK P. BROCKMAN, Appellant. JOHN E…

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

Date published: Nov 13, 1997

Citations

244 A.D.2d 687 (N.Y. App. Div. 1997)
665 N.Y.S.2d 356

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