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Matter of Moses

Appellate Division of the Supreme Court of New York, Third Department
Jan 13, 1969
31 A.D.2d 772 (N.Y. App. Div. 1969)

Opinion

January 13, 1969


MEMORANDUM BY THE COURT. Appeal by the employer from a decision of the Unemployment Insurance Appeal Board which dismissed an appeal from a Referee's decision on the ground it was not timely filed. Appellant does not dispute the board's finding that notice of the Referee's decision was mailed on December 5, 1967 and that notice of appeal therefrom was filed more than 20 days thereafter, on December 28, 1967, but urges that the time to appeal was extended by CPLR 2103 (subd. [b], par. 2). In view of the explicit provisions of the statute regulating appeals in these administrative proceedings (Labor Law, § 621, subd. 1) the "three-day mailing rule" under CPLR 2103 has no application. ( Matter of Walker [ Catherwood], 27 A.D.2d 967.) Decision affirmed, without costs. Herlihy, J.P., Reynolds, Aulisi and Staley, Jr., JJ., concur in memorandum by the court.


Summaries of

Matter of Moses

Appellate Division of the Supreme Court of New York, Third Department
Jan 13, 1969
31 A.D.2d 772 (N.Y. App. Div. 1969)
Case details for

Matter of Moses

Case Details

Full title:In the Matter of the Claim of SARAH MOSES et al., Respondents. BULLARD…

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

Date published: Jan 13, 1969

Citations

31 A.D.2d 772 (N.Y. App. Div. 1969)