In re the Claim of Durnin

Appellate Division of the Supreme Court of New York

In re the Claim of Durnin

52 A.D.2d 1025, 383 N.Y.S.2d 694, 1976 N.Y. App. Div. LEXIS 12925

Appellate Division of the Supreme Court of the State of New York·Decided May 27, 1976·Published

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 12, 1975, which affirmed the decision of a referee holding that since claimant failed to request a hearing within the statutory period, the initial determinations of the Industrial Commissioner remain in effect. Claimant testified that he did not request a hearing after receiving in the mail a notice of determination dated April 23, 1975 because when he was interviewed at the local insurance office on April 22, 1975, he had orally requested a hearing. Claimant, however, must request a hearing before the referee within 30 days after the mailing of the notice of the Industrial Commissioner (Labor Law, § 620, subd 1). Not having done so, the referee was without jurisdiction to rule on the determinations. Decision affirmed, without costs. Koreman, P. J., Sweeney, Kane, Mahoney and Larkin, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 12, 1975, which affirmed the decision of a referee holding that since claimant failed to request a hearing within the statutory period, the initial determinations of the Industrial Commissioner remain in effect. Claimant testified that he did not request a hearing after receiving in the mail a notice of determination dated April 23, 1975 because when he was interviewed at the local insurance office on April 22, 1975, he had orally requested a hearing. Claimant, however, must request a hearing before the referee within 30 days after the mailing of the notice of the Industrial Commissioner (Labor Law, § 620, subd 1). Not having done so, the referee was without jurisdiction to rule on the determinations. Decision affirmed, without costs. Koreman, P. J., Sweeney, Kane, Mahoney and Larkin, JJ., concur.

In re the Claim of Durnin, 52 A.D.2d 1025, 383 N.Y.S.2d 694, 1976 N.Y. App. Div. LEXIS 12925 (N.Y. Ct. App. 1976).

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