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Matter of Adams

Appellate Division of the Supreme Court of New York, Third Department
Mar 11, 1976
51 A.D.2d 1079 (N.Y. App. Div. 1976)

Opinion

March 11, 1976


Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 29, 1975, which affirmed the decision of a referee holding that the initial determination disqualifying claimant for loss of employment due to misconduct effective October 24, 1974 remains in effect because of claimant's failure to request a hearing within the 30-day statutory period. Claimant did not request a hearing until approximately 76 days after the initial determination. Although she contends in her brief that she was unable to contact the local office to file an appeal because she was sick, she failed to submit any medical proof in support of this contention. At the referee's hearing, claimant admitted she could have written or telephoned the local office to request a hearing. Under the circumstances, the referee and the board were without authority to review the initial determination. Decision affirmed, without costs. Koreman, P.J., Greenblott, Sweeney, Kane and Mahoney, JJ., concur.


Summaries of

Matter of Adams

Appellate Division of the Supreme Court of New York, Third Department
Mar 11, 1976
51 A.D.2d 1079 (N.Y. App. Div. 1976)
Case details for

Matter of Adams

Case Details

Full title:In the Matter of the Claim of ANNMARIE ADAMS, Appellant. LOUIS L. LEVINE…

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

Date published: Mar 11, 1976

Citations

51 A.D.2d 1079 (N.Y. App. Div. 1976)

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