Opinion
March 2, 2000
Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 2, 1999, which denied claimant's application to reopen and reconsider a prior decision of the Board.
Melody Collins, Flushing, appellant in person.
Eliot Spitzer, Attorney-General (Steven Koton of counsel), New York City, for respondent.
Before: MERCURE, J.P., CREW III, PETERS, SPAIN and CARPINELLO, JJ.
MEMORANDUM AND ORDER
Whether to grant an application to reopen a decision is within the discretion of the Unemployment Insurance Appeal Board and, absent an abuse of that discretion, the Board's decision will not be disturbed (see, Matter of Wolff [Commissioner of Labor], 252 A.D.2d 714; Matter of Trincere [Sweeney], 235 A.D.2d 904). Here, claimant has failed to demonstrate any abuse of discretion on the part of the Board in denying her application to reopen and reconsider its April 7, 1999 decision adhering to a November 19, 1994 Board decision that, inter alia, ruled in claimant's favor regarding the issue of her eligibility for certain supplementary benefits. Finally, claimant's arguments relating to the underlying merits of prior decisions of the Board, which she did not appeal, are not properly before this court for its consideration.
Mercure, J.P., Crew III, Peters, Spain and Carpinello, JJ., concur.
ORDERED that the decision is affirmed, without costs.