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Matter of Braithwaite

Appellate Division of the Supreme Court of New York, Third Department
Mar 5, 1992
181 A.D.2d 936 (N.Y. App. Div. 1992)

Opinion

March 5, 1992

Appeal from the Unemployment Insurance Appeal Board.


The decision of the Administrative Law Judge disqualifying claimant from receiving unemployment insurance benefits was filed and mailed to claimant on September 13, 1990. Although claimant admits that he received the decision within the next two weeks, he failed to file an appeal until June 11, 1991. Because the record clearly establishes that claimant's appeal to the Unemployment Insurance Appeal Board was not filed within the 20-day period mandated by Labor Law § 621 (1), the Board properly dismissed his appeal as untimely (see, Matter of Kulawiak [Ross], 82 A.D.2d 1014; Matter of Gavin [Levine], 52 A.D.2d 1006, 1007). Consequently, the merits of claimant's appeal are not properly before this court.

Weiss, P.J., Mikoll, Mercure, Crew III and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Braithwaite

Appellate Division of the Supreme Court of New York, Third Department
Mar 5, 1992
181 A.D.2d 936 (N.Y. App. Div. 1992)
Case details for

Matter of Braithwaite

Case Details

Full title:In the Matter of the Claim of RONALD BRAITHWAITE, Appellant. JOHN F…

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

Date published: Mar 5, 1992

Citations

181 A.D.2d 936 (N.Y. App. Div. 1992)
580 N.Y.S.2d 594

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