In re the Claim of Bennett

Appellate Division of the Supreme Court of New York

In re the Claim of Bennett

50 A.D.2d 1023, 377 N.Y.S.2d 292, 1975 N.Y. App. Div. LEXIS 12014

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

DecidedDecember 23, 1975

StatusPublished

Cited by1 cases

This text of 50 A.D.2d 1023 (In re the Claim of Bennett) 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 Bennett, 50 A.D.2d 1023, 377 N.Y.S.2d 292, 1975 N.Y. App. Div. LEXIS 12014 (N.Y. Ct. App. 1975).

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Opinion

— Appeal from a. decision of the Unemployment Insurance Appeal Board, filed December 18, 1974, which affirmed the decision of a referee holding that since claimant had failed to request a hearing within the statutory period, the initial determination of the Industrial Commissioner that claimant lost his employment through misconduct in connection therewith remains in effect. Section 620 (subd 1, par [a]) of the Labor Law provides that a request for a hearing must be made within the 30 days after mailing the initial determination. There is substantial evidence to sustain, the board’s determination that the initial determination was mailed to claimant on August 14, 1974 and that claimant did not request a hearing until September 16, 1974 (approximately [1024]*102433 days thereafter). Under the circumstances, the board was without jurisdiction to hear the appeal (Matter of Merkson [Catherwood] 24 AD2d 675). Decision affirmed, without costs. Herlihy, P. J., Sweeney, Koreman, Larkin and Reynolds, JJ., concur.

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— Appeal from a. decision of the Unemployment Insurance Appeal Board, filed December 18, 1974, which affirmed the decision of a referee holding that since claimant had failed to request a hearing within the statutory period, the initial determination of the Industrial Commissioner that claimant lost his employment through misconduct in connection therewith remains in effect. Section 620 (subd 1, par [a]) of the Labor Law provides that a request for a hearing must be made within the 30 days after mailing the initial determination. There is substantial evidence to sustain, the board’s determination that the initial determination was mailed to claimant on August 14, 1974 and that claimant did not request a hearing until September 16, 1974 (approximately [1024]*102433 days thereafter). Under the circumstances, the board was without jurisdiction to hear the appeal (Matter of Merkson [Catherwood] 24 AD2d 675). Decision affirmed, without costs. Herlihy, P. J., Sweeney, Koreman, Larkin and Reynolds, JJ., concur.

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Bluebook (online)

50 A.D.2d 1023, 377 N.Y.S.2d 292, 1975 N.Y. App. Div. LEXIS 12014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-bennett-nyappdiv-1975.

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