Opinion
93546
September 11, 2003.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 17, 2002, which, upon reconsideration, adhered to its prior decision ruling, inter alia, that claimant's request for a hearing was untimely.
Connie Kearse, New York City, appellant pro se.
Eliot Spitzer, Attorney General, New York City (Marjorie S. Leff of counsel), for respondent.
Before: Cardona, P.J., Crew III, Carpinello, Mugglin and, Lahtinen, JJ.
MEMORANDUM AND ORDER
By initial determination dated and mailed August 31, 2001, claimant was found to be disqualified from receiving unemployment insurance benefits because she was discharged due to misconduct and was charged with a recoverable overpayment of benefits. Claimant admitted to receiving the determination shortly after it was mailed, but she failed to request a review hearing for several months because she believed that a positive disposition in her workers' compensation case was related to her claim for unemployment insurance benefits. The Unemployment Insurance Appeal Board, upon reopening and reconsideration, adhered to its previous decision that claimant's request for a hearing was untimely. This appeal ensued.
Absent any physical disability, mental impairment or any other valid excuse justifying an extension, a claimant has 30 days in which to request a hearing challenging an adverse initial determination (see Matter of Kearns [Commissioner of Labor], 296 A.D.2d 761; Matter of Jowers [Commissioner of Labor], 295 A.D.2d 734, lv denied 98 N.Y.2d 614; Matter of Velez [Commissioner of Labor], 285 A.D.2d 882). Claimant's belated assertions that she was suffering from posttraumatic stress disorder due to her work-related injury and the loss of a friend in the World Trade Center disaster are raised for the first time on this appeal and will not be considered (see Matter of Graham [Commissioner of Labor], 305 A.D.2d 926).
Cardona, P.J., Crew III, Carpinello, Mugglin and Lahtinen, JJ., concur.
ORDERED that the decision is affirmed, without costs.