Opinion
January 9, 1992
Appeal from the Unemployment Insurance Appeal Board.
Claimant does not dispute the fact that although the decision of the local unemployment insurance office was mailed to him on March 19, 1990, he did not request a hearing until after the 30-day statutory time period to do so had expired (see, Labor Law § 620 [a]). There was no evidence that claimant was in any way prevented from filing a timely request. Under the circumstances, the Unemployment Insurance Appeal Board correctly sustained the Administrative Law Judge's determination that she lacked jurisdiction to rule on the merits of claimant's case (see, Matter of Bush [Levine], 53 A.D.2d 768; Matter of Cohen [Levine], 52 A.D.2d 695; Matter of Adams [Levine], 51 A.D.2d 1079; Matter of Montalvo [Levine], 51 A.D.2d 839).
Mikoll, Yesawich Jr., Levine, Crew III and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.