Opinion
November 20, 1997
Appeal from the Unemployment Insurance Appeal Board.
We affirm. An employer's failure to make a timely request for a hearing pursuant to Labor Law § 620 requires dismissal of its appeal ( see, Matter of Davino [Good Samaritan Hosp. Med. Ctr. — Hudacs], 210 A.D.2d 778, 779). This Court consistently has held that the limitations period set forth in Labor Law § 620 is to be strictly construed ( see, Matter of Hodges [Hartnett], 154 A.D.2d 816, 817). As the employer here failed to request a hearing within the time period set forth in Labor Law § 620, its subsequent request in this regard was properly deemed to be untimely.
Mercure, J. P., Crew III, Casey, Peters and Spain, JJ., concur.
Ordered that the decision is affirmed, without costs.