Opinion
May 7, 1998
Appeal from the Unemployment Insurance Appeal Board.
Claimant received respondents notice of determination, dated and mailed October 3, 1996, informing her of her ineligibility to receive additional benefits under Labor Law § 599 Lab.. Although she spoke to the local office on a number of occasions by telephone in response to the notice, claimant did not request a review hearing before an Administrative Law Judge until March 3, 1997, over four months beyond the 30-day limitations period within which she was required by statute to make such a request ( see, Labor Law § 620 Lab. [1][a]). There is no evidence that this delay was the result of any "physical condition or mental incapacity" on claimants part (Labor Law § 620 Lab. [1][a]; see, Matter of Gomez [Sweeney], 219 A.D.2d 767) nor has she offered any other valid excuse for the delay in filing ( see, Matter of Ascenzo [Sweeney], 216 A.D.2d 659, 660). We conclude that the determination of untimeliness by the Unemployment Insurance Appeal Board should not be disturbed ( see, Matter of Rounds [Sweeney], 220 A.D.2d 921, lv denied 87 N.Y.2d 811).
Mercure, J.P., Yesawich Jr., Spain, Carpinello and Graffeo, JJ., concur.
Ordered that the decision is affirmed, without costs.