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Matter of McGee

Appellate Division of the Supreme Court of New York, Third Department
Dec 3, 1998
256 A.D.2d 710 (N.Y. App. Div. 1998)

Opinion

December 3, 1998

Appeal from the decision of the Unemployment Insurance Appeal Board.


By initial decision dated and mailed May 2, 1995, claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause. Claimant admitted receiving this notice shortly after it was mailed but did not request a hearing until August 3, 1995. Inasmuch as claimant did not advance a reasonable excuse for failing to request a hearing within the 30-day statutory time period provided by Labor Law § 620 (1) (a), the Unemployment Insurance Appeal Board correctly sustained the decision of the Administrative Law Judge that there was no authority to rule on the merits of claimant's case ( see Matter of Del Valle [Sweeney], 232 A.D.2d 809; Matter of Glynn [Hudacs], 211 A.D.2d 938).

CARDONA, P. J., MIKOLL, YESAWICH JR., CARPINELLO and GRAFFEO, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of McGee

Appellate Division of the Supreme Court of New York, Third Department
Dec 3, 1998
256 A.D.2d 710 (N.Y. App. Div. 1998)
Case details for

Matter of McGee

Case Details

Full title:In the Matter of the Claim of GLADYS C. McGEE, Appellant. COMMISSIONER OF…

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

Date published: Dec 3, 1998

Citations

256 A.D.2d 710 (N.Y. App. Div. 1998)
681 N.Y.S.2d 131