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In re Alworth

Appellate Division of the Supreme Court of New York, Third Department
Oct 17, 1996
232 A.D.2d 811 (N.Y. App. Div. 1996)

Opinion

October 17, 1996.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 3, 1996, which, inter alia, ruled that claimant did not timely request a hearing before an Administrative Law Judge.

Before: Mikoll, J.P., Casey, Yesawich Jr., Spain and Carpinello, JJ.


Claimant admittedly received and read a notice of determination finding her ineligible to receive unemployment insurance benefits and liable for a recoverable overpayment of $4,950 for benefits received between March 29, 1993 and March 27, 1994. The notification, dated September 30, 1994, specifically informed claimant that she had 30 days from its date to request a hearing to contest it ( see, Labor Law § 620 [a]). Accordingly, the Board's decision finding that claimant's request for a hearing, dated February 7, 1995, was untimely is supported by substantial evidence and must be affirmed ( see, Matter of Hart [Hudacs], 199 AD2d 667).

Ordered that the decision is affirmed, without costs.


Summaries of

In re Alworth

Appellate Division of the Supreme Court of New York, Third Department
Oct 17, 1996
232 A.D.2d 811 (N.Y. App. Div. 1996)
Case details for

In re Alworth

Case Details

Full title:In the Matter of the Claim of SANDRA B. ALWORTH, Appellant. JOHN E…

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

Date published: Oct 17, 1996

Citations

232 A.D.2d 811 (N.Y. App. Div. 1996)
648 N.Y.S.2d 355