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Matter of Diamond

Appellate Division of the Supreme Court of New York, Third Department
Nov 13, 1975
50 A.D.2d 648 (N.Y. App. Div. 1975)

Opinion

November 13, 1975


Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 23, 1974, which adopted and affirmed a referee's decision which held that the claimant had failed to timely seek review of the Industrial Commissioner's initial determination. Pursuant to subdivision 1 of section 620 Lab. of the Labor Law, a claimant has a period of 30 days to seek review of an adverse initial determination from the time when it was duly mailed to him. The claimant herein did not request a hearing for a year after such an initial mailing. It has been held that a failure to timely request a hearing jurisdictionally precludes a review of an initial determination (Matter of Mack [Catherwood], 28 A.D.2d 1020; Matter of Perez [Catherwood], 24 A.D.2d 776; Matter of Merkson [Catherwood], 24 A.D.2d 675). The present record does not disclose that notice by mailing is constitutionally defective. Decision affirmed, without costs. Herlihy, P.J., Greenblott, Kane, Main and Larkin, JJ., concur.


Summaries of

Matter of Diamond

Appellate Division of the Supreme Court of New York, Third Department
Nov 13, 1975
50 A.D.2d 648 (N.Y. App. Div. 1975)
Case details for

Matter of Diamond

Case Details

Full title:In the Matter of the Claim of STANLEY DIAMOND, Appellant. LOUIS L. LEVINE…

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

Date published: Nov 13, 1975

Citations

50 A.D.2d 648 (N.Y. App. Div. 1975)