Opinion
September 10, 1998
Appeal from a decision of the Unemployment Insurance Appeal Board.
By decision filed October 1, 1996, an Administrative Law Judge ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment as a home care attendant was terminated due to misconduct. Claimant failed to appeal from the October 1, 1996 decision until January 7, 1997. Notwithstanding claimant's proffered excuse that she was waiting to hear from her attorney, we conclude that the Unemployment Insurance Appeal Board properly dismissed the appeal as untimely given claimant's failure to comply with the strict 20-day statutory period set forth in Labor Law § 621 Lab. (1) ( see, Matter of Mulheron [Sweeney], 240 A.D.2d 809). We accordingly decline to address the merits of her disqualification from benefits ( see, Matter of Stock [Commissioner of Labor], 249 A.D.2d 662). Furthermore, in the absence of a showing of an abuse of discretion, the Board's decision to deny claimant's application to reopen and reconsider will not be disturbed.
The Commissioner of Labor points out that the Board's decision inadvertently refers to the date of claimant's notice of appeal as November 7, 1997.
Cardona, P.J., Mercure, Crew III, Peters and Graffeo, JJ., concur.
Ordered that the decision is affirmed, without costs.