In re the Claim of Fertitta

Appellate Division of the Supreme Court of New York

In re the Claim of Fertitta

52 A.D.2d 967, 383 N.Y.S.2d 559, 1976 N.Y. App. Div. LEXIS 12840

Appellate Division of the Supreme Court of the State of New York·Decided May 6, 1976·Published

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 14, 1975, which affirmed a decision of the referee holding that since claimant failed to request a hearing within the statutory period the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits remained in effect. Substantial evidence supports the finding of the board that the notice of determination was mailed to claimant on March 6, 1975. Claimant’s request for a hearing was admittedly not mailed until April 12, 1975. (See Labor Law, § 620, subd 1.) Decision affirmed, without costs. Greenblott, J. P., Mahoney, Main, Larkin and Herlihy, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 14, 1975, which affirmed a decision of the referee holding that since claimant failed to request a hearing within the statutory period the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits remained in effect. Substantial evidence supports the finding of the board that the notice of determination was mailed to claimant on March 6, 1975. Claimant’s request for a hearing was admittedly not mailed until April 12, 1975. (See Labor Law, § 620, subd 1.) Decision affirmed, without costs. Greenblott, J. P., Mahoney, Main, Larkin and Herlihy, JJ., concur.

In re the Claim of Fertitta, 52 A.D.2d 967, 383 N.Y.S.2d 559, 1976 N.Y. App. Div. LEXIS 12840 (N.Y. Ct. App. 1976).

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