In re the Claim of Alkovic

Appellate Division of the Supreme Court of New York

In re the Claim of Alkovic

32 A.D.3d 1062, 820 N.Y.S.2d 662

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

DecidedSeptember 14, 2006

StatusPublished

Cited by3 cases

This text of 32 A.D.3d 1062 (In re the Claim of Alkovic) 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 Alkovic, 32 A.D.3d 1062, 820 N.Y.S.2d 662 (N.Y. Ct. App. 2006).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 14, 2005, which ruled that claimant’s request for a hearing was untimely.

[1063]*1063By initial determination dated July 24, 2003, the Department of Labor disqualified claimant from receiving unemployment insurance benefits because he voluntarily left his employment without good cause. In response to claimant’s inquiries concerning the reason for the denial, the Department advised him to request a hearing. Claimant subsequently sent a letter, received by the Department on September 25, 2004, which it considered a request for a hearing. The Unemployment Insurance Appeal Board, however, concluded that the request was untimely and upheld the initial determination. Claimant appeals.

We affirm. Pursuant to Labor Law § 620 (1) (a), a hearing must be requested within 30 days of the mailing of the initial determination. As claimant did not request a hearing within the statutory time period or establish a reasonable excuse for the delay in doing so (see Matter of Bryant [Commissioner of Labor], 24 AD3d 942, 943 [2005]; Matter of Tobar [Commissioner of Labor], 308 AD2d 651, 651-652 [2003]), the Board properly concluded that the request was untimely.

Cardona, P.J., Crew III, Spain, Lahtinen and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 14, 2005, which ruled that claimant’s request for a hearing was untimely.

[1063]*1063By initial determination dated July 24, 2003, the Department of Labor disqualified claimant from receiving unemployment insurance benefits because he voluntarily left his employment without good cause. In response to claimant’s inquiries concerning the reason for the denial, the Department advised him to request a hearing. Claimant subsequently sent a letter, received by the Department on September 25, 2004, which it considered a request for a hearing. The Unemployment Insurance Appeal Board, however, concluded that the request was untimely and upheld the initial determination. Claimant appeals.

We affirm. Pursuant to Labor Law § 620 (1) (a), a hearing must be requested within 30 days of the mailing of the initial determination. As claimant did not request a hearing within the statutory time period or establish a reasonable excuse for the delay in doing so (see Matter of Bryant [Commissioner of Labor], 24 AD3d 942, 943 [2005]; Matter of Tobar [Commissioner of Labor], 308 AD2d 651, 651-652 [2003]), the Board properly concluded that the request was untimely.

Cardona, P.J., Crew III, Spain, Lahtinen and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

32 A.D.3d 1062, 820 N.Y.S.2d 662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-alkovic-nyappdiv-2006.

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