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Matter of Gomez

Appellate Division of the Supreme Court of New York, Third Department
Sep 14, 1995
219 A.D.2d 767 (N.Y. App. Div. 1995)

Opinion

September 14, 1995

Appeal from the Unemployment Insurance Appeal Board.


The evidence supports the Administrative Law Judge's conclusion that he lacked the authority to hear claimant's case because she failed to timely request a hearing. Claimant admitted that she received copies of the decisions of the local unemployment insurance office finding that she was ineligible to receive benefits and that she understood that she had 30 days to request a hearing. Her request for a hearing was, however, made after the expiration of that time period. Although claimant contended that the late filing was due to her being ill, she admitted that she was not in bed or in the hospital. The record also reveals that claimant continued to perform most of her daily activities. Claimant's remaining arguments have been considered and rejected for lack of merit.

Cardona, P.J., Mercure, White, Yesawich Jr. and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Gomez

Appellate Division of the Supreme Court of New York, Third Department
Sep 14, 1995
219 A.D.2d 767 (N.Y. App. Div. 1995)
Case details for

Matter of Gomez

Case Details

Full title:In the Matter of the Claim of GLADYS B. GOMEZ, Appellant. JOHN E. SWEENEY…

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

Date published: Sep 14, 1995

Citations

219 A.D.2d 767 (N.Y. App. Div. 1995)
631 N.Y.S.2d 196

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