Opinion
C.A. No. 03A-09-11 SCD.
Submitted: May 7, 2004.
Decided: June 29, 2004.
Upon Consideration of Appellee's Motion to Dismiss — GRANTED.
ORDER
This 29th day of June, upon consideration of the Appellee's motion to dismiss the appeal, it appears that:
1. On August 27, 2003, a hearing was held by the Unemployment Insurance Appeal Board (the "Board") to determine whether Derek A. Vandersteur ("Appellant") was entitled to receive unemployment benefits.
2. On August 29, 2003, the Board issued it's decision denying Appellant's right to receive benefits, and mailed it to the Appellant. Enclosed with the decision was a notice of the right to appeal as well as the date on which the Board's decision became final. The Board's decision became final on September 8, 2003.
3. On October 2, 2003, Appellant filed a notice of appeal of the Board's decision with this Court. Subsequently, on May 7, 2004, the State of Delaware ("Appellee"), on behalf of the Board, filed this motion to dismiss for failure to file a timely appeal.
4. Pursuant to 19 Del. C. § 3323(a), "[w]ithin 10 days after the decision of the Unemployment Insurance Appeal Board has become final, any party aggrieved thereby may secure judicial review thereof by commencing an action in the Superior Court in the county in which the claimant resides. . . ." Thus, the Appellant had until September 22, 2003 to timely file his appeal with this Court. Appellant did not file his appeal until October 2, 2003. "The failure to file a timely appeal causes this Court to lose jurisdiction over the matter."
DEL. CODE ANN. tit. 19, 3323(a) (2002).
Klossowski v. Letica Corp., Del. Super., C.A. No. 94-08-004, Graves, J. (Nov. 17, 1994).
5. Because this Court lacks the jurisdiction to hear the appeal, the Appellee's motion to dismiss is GRANTED.
IT IS SO ORDERED.