Arleigh Spencer v. Board of Review

CourtNew Jersey Superior Court Appellate Division
DecidedDecember 31, 2025
DocketA-0489-24
StatusUnpublished

This text of Arleigh Spencer v. Board of Review (Arleigh Spencer v. Board of Review) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arleigh Spencer v. Board of Review, (N.J. Ct. App. 2025).

Opinion

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0489-24

ARLEIGH SPENCER,

Appellant,

v.

BOARD OF REVIEW, DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT, and THE EXECU/SEARCH GROUP, LLC,

Respondents.

Submitted October 30, 2025 – Decided December 31, 2025

Before Judges Mawla and Puglisi.

On appeal from the Board of Review, Division of Unemployment Insurance, Department of Labor and Workforce Development, Docket No. 336724.

Arleigh Spencer, self-represented appellant.

Matthew J. Platkin, Attorney General, attorney for respondent Board of Review (Janet Greenberg Cohen, Assistant Attorney General, of counsel; Ryne A. Spengler, Deputy Attorney General, on the brief).

PER CURIAM

Appellant Arleigh Spencer appeals from the October 11, 2024 final

decision of the Board of Review (Board) dismissing his untimely appeal. We

affirm.

Appellant contracted with The Execu/Search Group, LLC to provide tax

consulting services for a four-month period. After the expiration of his contract,

appellant filed for unemployment benefits on December 18, 2022. By written

notice to appellant dated January 12, 2023, the Department of Labor, Division

of Unemployment and Temporary Disability Insurance (DOL) deemed the claim

valid at a weekly benefits rate of $804 for a total of eleven weeks, with a

maximum benefit of $8,844. Appellant collected benefits until the full

allowance was exhausted.

On March 31, 2023, appellant sent a letter to the governor, alleging a

backdating error with his claim and disputing the eligibility weeks. He then

filed a letter appeal of the DOL's determination to the Appeal Tribunal on April

10, 2023, followed by an online notice of appeal on July 9, 2023. Both appeals

were filed outside the statutory filing period.

A-0489-24 2 A Tribunal hearing examiner conducted a telephonic hearing on April 23,

2024. Addressing the untimeliness of his appeal, appellant claimed he attempted

to file an appeal in March 2023 but did not provide any corroborating

documentation. As to the substance of the appeal, the hearing examiner

explained New Jersey unemployment law regarding base year calculations and

eligibility, detailing that appellant's claim was processed under the first alternate

base year (October 1, 2021 to September 30, 2022), which produced a valid

claim. Appellant did not dispute the reported eleven weeks and wages during

that period but maintained he was entitled to benefits from omitted wages

totaling $33,761 and an additional six weeks of benefits. The hearing officer

informed appellant he could file a new claim based on the additional wages.

In its April 23, 2024 findings of fact and decision, the Tribunal noted the

DOL's initial determination was mailed to appellant's address of record on

January 12, 2023. Appellant acknowledged he received the determination,

though he did not recall when, but did not read the appeal rights contained in the

determination. He did not provide any reason for the delay in filing an appeal,

"other than he did not realize that he was only entitled to eleven . . . weeks of

[u]nemployment benefits." Thus, the Tribunal dismissed the appeal as untimely

A-0489-24 3 because appellant did not present evidence of filing a timely appeal, nor did he

show good cause for the delayed filing.

Appellant appealed the decision to the Board on April 29, 2024, again

maintaining his fourth quarter wages were $12,720 for six weeks and his total

2022 earnings were $33,761. He claimed the DOL erred by not paying him

benefits "up to the quarter ending [December 31, 2022,] instead of deciding it

to be [September 30, 2022]." Appellant also enclosed his March 2023 letter to

the governor. The Board affirmed the Tribunal's dismissal on October 11, 2024,

finding appellant did not show good cause for the untimely filing.

On appeal, appellant reiterates his arguments the DOL and the Board erred

by not including all of his earned wages for the third and fourth quarters of 2022

when calculating his unemployment benefits, and he is entitled to benefits for

the full period he worked because he did not exhaust the maximum twenty-six

weeks of benefits and there was no disqualifying conduct on his part. He also

claims he "made appointments with the local office and visited twice to

complain about their mistake," and therefore the Board's determination was

beyond his control and should be reversed as "bias."

Our scope of review of an administrative agency's final determination is

limited. Brady v. Bd. of Rev., 152 N.J. 197, 210 (1997). The agency's decision

A-0489-24 4 may not be disturbed unless shown to be arbitrary, capricious, unreasonable, or

inconsistent with applicable law. Ibid. "Wide discretion is afforded to

administrative decisions because of an agency's specialized knowledge." In re

Request to Modify Prison Sentences, 242 N.J. 357, 390 (2020). An

administrative agency's final decision "will be sustained unless there is a clear

showing that it is arbitrary, capricious, or unreasonable, or that it lacks fair

support in the record." Saccone v. Bd. of Trs., Police & Firemen's Ret. Sys.,

219 N.J. 369, 380 (2014) (quoting Russo v. Bd. of Trs., Police & Firemen's Ret.

Sys., 206 N.J. 14, 27 (2011)).

In reviewing an agency's decision, we "must be mindful of, and deferential

to, the agency's 'expertise and superior knowledge of a particular field.'" Circus

Liquors, Inc. v. Governing Body of Middletown Twp., 199 N.J. 1, 10 (2009)

(quoting Greenwood v. State Police Training Ctr., 127 N.J. 500, 513 (1992)).

"A reviewing court 'may not substitute its own judgment for the agency's, even

though the court might have reached a different result.'" In re Stallworth, 208

N.J. 182, 194 (2011) (quoting In re Carter, 191 N.J. 474, 483 (2007)). Our

review is not designed "'to merely rubberstamp an agency's decision,'" but

rather, "we are constrained 'to engage in a careful and principled consideration

of the agency record and findings.'" Sullivan v. Bd. of Rev., Dep't of Labor, 471

A-0489-24 5 N.J. Super. 147, 156 (App. Div. 2022) (quoting Figueroa v. N.J. Dep't of Corr.,

414 N.J. Super. 186, 191 (App. Div. 2010)).

Claims for unemployment benefits are governed by N.J.S.A. 43:21-6.

Under the provision applicable here, a petitioner may appeal an initial

determination "within seven calendar days after delivery of notification of an

initial determination or within [ten] calendar days after such notification was

mailed to [the petitioner's] last-known address." N.J.S.A. 43:21-6(b)(1) (2017).1

Thereafter, a late appeal may only be considered on the merits "if it is

determined that the appeal was delayed for good cause." N.J.A.C. 12:20 -3.1(i).

Good cause exists where: "1. The delay in filing the appeal was due to

circumstances beyond the control of the appellant; or 2. The appellant delayed

filing the appeal for circumstances which could not have been reasonably

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Related

Brady v. Board of Review
704 A.2d 547 (Supreme Court of New Jersey, 1997)
Figueroa v. DEPT. OF CORRECTIONS
997 A.2d 1088 (New Jersey Superior Court App Division, 2010)
In Re Carter
924 A.2d 525 (Supreme Court of New Jersey, 2007)
Circus Liquors, Inc. v. Governing Body of Middletown Township
970 A.2d 347 (Supreme Court of New Jersey, 2009)
Greenwood v. State Police Training Center
606 A.2d 336 (Supreme Court of New Jersey, 1992)
Russo v. BD. OF TRUSTEES, POLICE.
17 A.3d 801 (Supreme Court of New Jersey, 2011)
In re Stallworth
26 A.3d 1059 (Supreme Court of New Jersey, 2011)

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