In re the Claim of Adams

Appellate Division of the Supreme Court of New York

In re the Claim of Adams

51 A.D.2d 1079, 381 N.Y.S.2d 145, 1976 N.Y. App. Div. LEXIS 11923

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 11, 1976

StatusPublished

Cited by2 cases

This text of 51 A.D.2d 1079 (In re the Claim of Adams) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim of Adams, 51 A.D.2d 1079, 381 N.Y.S.2d 145, 1976 N.Y. App. Div. LEXIS 11923 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 29, 1975, which affirmed the decision of a referee holding that the initial determination disqualifying claimant for loss of employment due to misconduct [1080]*1080effective October 24, 1974 remains in effect because of claimant’s failure to request a hearing within the 30-day statutory period. Claimant did not request a hearing until approximately 76 days after the initial determination. Although she contends in her brief that she was unable to contact the local office to file an appeal because she was sick, she failed to submit any medical proof in support of this contention. At the referee’s hearing, claimant admitted she could have written or telephoned the local office to request a hearing. Under the circumstances, the referee and the board were without authority to review the initial determination. Decision affirmed, without costs. Koreman, P. J., Greenblott, Sweeney, Kane and Mahoney, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 29, 1975, which affirmed the decision of a referee holding that the initial determination disqualifying claimant for loss of employment due to misconduct [1080]*1080effective October 24, 1974 remains in effect because of claimant’s failure to request a hearing within the 30-day statutory period. Claimant did not request a hearing until approximately 76 days after the initial determination. Although she contends in her brief that she was unable to contact the local office to file an appeal because she was sick, she failed to submit any medical proof in support of this contention. At the referee’s hearing, claimant admitted she could have written or telephoned the local office to request a hearing. Under the circumstances, the referee and the board were without authority to review the initial determination. Decision affirmed, without costs. Koreman, P. J., Greenblott, Sweeney, Kane and Mahoney, JJ., concur.

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Bluebook (online)

51 A.D.2d 1079, 381 N.Y.S.2d 145, 1976 N.Y. App. Div. LEXIS 11923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-adams-nyappdiv-1976.

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