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Matter of Stock

Appellate Division of the Supreme Court of New York, Third Department
Apr 9, 1998
249 A.D.2d 662 (N.Y. App. Div. 1998)

Opinion

April 9, 1998

Appeal from the Unemployment Insurance Appeal Board.


By decision filed November 5, 1996, an Administrative Law Judge ruled that claimant voluntarily left her employment as a secretary without good cause when, anticipating that her position would be terminated, she accepted the employer's offer of an early retirement incentive package. Subsequently, claimant was assessed a recoverable overpayment. Inasmuch as claimant failed to file an appeal from the November 5, 1996 decision until January 5, 1997, well beyond the 20-day statutory time limit ( see, Labor Law § 621), we find no reason to disturb the decision of the Unemployment Insurance Appeal Board dismissing claimants appeal as untimely ( see, Matter of Mulheron [Sweeney], 240 A.D.2d 809). Consequently, claimant's attempt to challenge the merits of the November 5, 1996 decision is not properly before this Court ( see, Matter of Jiminez [Sweeney], 242 A.D.2d 769, lv denied 91 N.Y.2d 803). Furthermore, substantial evidence supports the Board's subsequent assessment of a recoverable overpayment given the November 5, 1996 decision disqualifying claimant from receiving unemployment insurance benefits ( see, id.; see also, Labor Law § 597).

Cardona, P.J., Mikoll, Yesawich Jr., Peters and Spain, JJ., concur.

Ordered that the decisions are affirmed, without costs.


Summaries of

Matter of Stock

Appellate Division of the Supreme Court of New York, Third Department
Apr 9, 1998
249 A.D.2d 662 (N.Y. App. Div. 1998)
Case details for

Matter of Stock

Case Details

Full title:In the Matter of the Claim of FRANCES B. STOCK, Appellant. COMMISSIONER OF…

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

Date published: Apr 9, 1998

Citations

249 A.D.2d 662 (N.Y. App. Div. 1998)
670 N.Y.S.2d 810

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