Opinion
2012-05-24
In the Matter of the Claim of Beatrice CARLSON, Appellant.Commissioner of Labor, Respondent.
Beatrice Carlson, Long Beach, appellant pro se. Eric T. Schneiderman, Attorney General, New York City (Mary Hughes of counsel), for respondent.
Beatrice Carlson, Long Beach, appellant pro se. Eric T. Schneiderman, Attorney General, New York City (Mary Hughes of counsel), for respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 27, 2011, which denied petitioner's application to reopen a prior decision.
In 2002, the Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause, and the Board's decision was affirmed by this Court ( Matter of Carlson [Commissioner of Labor], 307 A.D.2d 582, 762 N.Y.S.2d 311 [2003] ). In 2010, claimant applied to the Board to reopen and reconsider this decision. The Board denied claimant's application and this appeal ensued.
We affirm. It is well settled that the decision to grant an application for reopening is within the discretion of the Board and its decision will not be disturbed absent a showing that the Board abused its discretion ( see Matter of Lee [Commissioner of Labor], 84 A.D.3d 1652, 1653, 922 N.Y.S.2d 880 [2011]; Matter of Washington [Kaleida Health–Commissioner of Labor], 65 A.D.3d 1428, 1429, 886 N.Y.S.2d 511 [2009] ). Here, claimant has not alleged that the Board abused its discretion and, consequently, we find no reason to disturb its decision denying her application to reopen ( see Matter of Miller [Commissioner of Labor], 67 A.D.3d 1246, 888 N.Y.S.2d 444 [2009]; Matter of Wood [Commissioner of Labor], 24 A.D.3d 854, 855, 805 N.Y.S.2d 682 [2005] ). We decline to reach the merits of the Board's underlying decision inasmuch as this was addressed in her prior appeal ( see Matter of Washington [Kaleida Health–Commissioner of Labor], 65 A.D.3d at 1429, 886 N.Y.S.2d 511).
ORDERED that the decision is affirmed, without costs.