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Matter of Claim of Dunn

Appellate Division of the Supreme Court of New York, Third Department
May 18, 2000
272 A.D.2d 745 (N.Y. App. Div. 2000)

Opinion

May 18, 2000.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 30, 1999, which, upon reconsideration, adhered to its prior decision dismissing claimant's appeal from a decision of an Administrative Law Judge as untimely.

Arlene T. Dunn, Nesconset, appellant in person.

Eliot Spitzer, Attorney-General (Bessie Bazile of counsel), New York City, for respondent.

Before: CARDONA, P.J., MERCURE, PETERS, ROSE and LAHTINEN, JJ.


MEMORANDUM AND ORDER

By decision dated and mailed April 9, 1999, an Administrative Law Judge ruled that claimant was ineligible to receive unemployment insurance benefits because she left her employment for personal and noncompelling reasons. Although claimant acknowledged that she received the April 9, 1999 decision soon after it was mailed, she failed to file an appeal until May 14, 1999. Notwithstanding claimant's proffered excuse that she was too upset to read the reverse side of the decision, we conclude that the Unemployment Insurance Appeal Board properly dismissed the appeal as untimely given claimant's failure to comply with the strict 20-day statutory period set forth in Labor Law § 621 (1) (see, Matter of Foley [Commissioner of Labor], 252 A.D.2d 712).

Cardona, P.J., Mercure, Peters, Rose and Lahtinen, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Claim of Dunn

Appellate Division of the Supreme Court of New York, Third Department
May 18, 2000
272 A.D.2d 745 (N.Y. App. Div. 2000)
Case details for

Matter of Claim of Dunn

Case Details

Full title:IN THE MATTER OF THE CLAIM OF ARLENE T. DUNN, Appellant. COMMISSIONER OF…

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

Date published: May 18, 2000

Citations

272 A.D.2d 745 (N.Y. App. Div. 2000)
708 N.Y.S.2d 648