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Matter of Mostafa

Appellate Division of the Supreme Court of New York, Third Department
Oct 28, 1999
265 A.D.2d 793 (N.Y. App. Div. 1999)

Opinion

October 28, 1999

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 24, 1999, which ruled that claimant's request for a hearing was untimely.


By initial decision dated and mailed July 14, 1998, claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause. Claimant admitted receiving this notice shortly after it was mailed but did not request a hearing until December 18, 1998 because he anticipated finding new employment quickly. Inasmuch as claimant did not provide a reasonable excuse for failing to request a hearing within the 30-day statutory time period provided by Labor Law § 620 Lab. (1) (a), we find no reason to disturb the decision of the Unemployment Insurance Appeal Board that claimant's request for a hearing was untimely (see, Matter of McGee [Commissioner of Labor], 256 A.D.2d 710, lv denied 93 N.Y.2d 803; Matter of Storch [Gross — Sweeney], 244 A.D.2d 755).

Cardona, P.J., Mercure, Spain, Carpinello and Graffeo, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Mostafa

Appellate Division of the Supreme Court of New York, Third Department
Oct 28, 1999
265 A.D.2d 793 (N.Y. App. Div. 1999)
Case details for

Matter of Mostafa

Case Details

Full title:In the Matter of the Claim of FAWZY M. AHMED MOSTAFA, Appellant…

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

Date published: Oct 28, 1999

Citations

265 A.D.2d 793 (N.Y. App. Div. 1999)
697 N.Y.S.2d 205