In re the Claim of Bland

Appellate Division of the Supreme Court of New York

In re the Claim of Bland

183 A.D.2d 1094, 583 N.Y.S.2d 693, 1992 N.Y. App. Div. LEXIS 7359

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

DecidedMay 21, 1992

StatusPublished

Cited by1 cases

This text of 183 A.D.2d 1094 (In re the Claim of Bland) 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 Bland, 183 A.D.2d 1094, 583 N.Y.S.2d 693, 1992 N.Y. App. Div. LEXIS 7359 (N.Y. Ct. App. 1992).

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Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 7, 1991, which dismissed claimant’s appeal as untimely.

Claimant does not dispute the fact that although the decision of the Administrative Law Judge denying her claim for benefits was mailed to her on April 3, 1990, she did not file an appeal until after the 20-day statutory time period to do so had expired (see, Labor Law § 621 [1]). At a hearing to determine only the question of the timeliness of her appeal, claimant explained that she never read the back of the decision which set forth the 20-day time period. Under the circumstances, the decision by the Unemployment Insurance Appeal Board that claimant’s appeal was untimely must be upheld (see, Matter of Chapman [Roberts], 138 AD2d 866; Matter of Gavin [Levine], 52 AD2d 1006).

Weiss, P. J., Yesawich Jr., Crew III, Casey and Harvey, 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 June 7, 1991, which dismissed claimant’s appeal as untimely.

Claimant does not dispute the fact that although the decision of the Administrative Law Judge denying her claim for benefits was mailed to her on April 3, 1990, she did not file an appeal until after the 20-day statutory time period to do so had expired (see, Labor Law § 621 [1]). At a hearing to determine only the question of the timeliness of her appeal, claimant explained that she never read the back of the decision which set forth the 20-day time period. Under the circumstances, the decision by the Unemployment Insurance Appeal Board that claimant’s appeal was untimely must be upheld (see, Matter of Chapman [Roberts], 138 AD2d 866; Matter of Gavin [Levine], 52 AD2d 1006).

Weiss, P. J., Yesawich Jr., Crew III, Casey and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

183 A.D.2d 1094, 583 N.Y.S.2d 693, 1992 N.Y. App. Div. LEXIS 7359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-bland-nyappdiv-1992.

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