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Matter of Soler

Appellate Division of the Supreme Court of New York, Third Department
Jul 22, 1999
263 A.D.2d 840 (N.Y. App. Div. 1999)

Opinion

July 22, 1999

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 30, 1998, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Francisco Soler, Ridgewood, appellant in person.

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

Before: CARDONA, P.J., MIKOLL, MERCURE, CARPINELLO and GRAFFEO, JJ.


MEMORANDUM AND ORDER

By initial determination dated November 5, 1997, claimant was found to be disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause and was charged with a recoverable overpayment and loss of benefits days. Claimant admitted receiving the determination shortly after it was mailed and, upon speaking with the local office in Puerto Rico, was informed that he had 30 days in which to request an administrative hearing. Inasmuch as claimant failed to advance a reasonable excuse for his delay, the Unemployment Insurance Appeal Board's decision finding that claimant's request for a hearing, dated April 22, 1998, was untimely is supported by substantial evidence and must be upheld (see, Matter of McGee [Commissioner of Labor], 256 A.D.2d 710, 681 N.Y.S.2d 131, lv denied 93 N.Y.2d 803).

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Soler

Appellate Division of the Supreme Court of New York, Third Department
Jul 22, 1999
263 A.D.2d 840 (N.Y. App. Div. 1999)
Case details for

Matter of Soler

Case Details

Full title:In the Matter of the Claim of FRANCISCO SOLER, Appellant. COMMISSIONER OF…

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

Date published: Jul 22, 1999

Citations

263 A.D.2d 840 (N.Y. App. Div. 1999)
693 N.Y.S.2d 771