Opinion
September 11, 1997
Appeal from the Unemployment Insurance Appeal Board.
After an administrative hearing, the Administrative Law Judge sustained the objection of the Commissioner of Labor that claimant's hearing request was untimely. There is no dispute that claimant failed to request a hearing within 30 days after the issuance of the notice of determination by the local unemployment insurance office ( see, Labor Law § 620 [a]). Furthermore, inasmuch as claimant failed to support her assertion that her physical condition prevented her from reading the notice of determination, the Unemployment Insurance Appeal Board's decision finding that claimant's request for a hearing before an Administrative Law Judge was untimely is affirmed ( see, Matter of Rodriguez [Sweeney], 236 A.D.2d 734; Matter of Samaniego [Park Personnel — Sweeney], 235 A.D.2d 887). In any event, our review of the hearing transcript reveals that claimant would have been ineligible for benefits based upon her acceptance of her employer's offer of early retirement ( see, Matter of Leung [Sweeney], 219 A.D.2d 741, 742).
Cardona, P.J., Mikoll, Mercure, Crew III and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.