In re the Claim of Hightower

Appellate Division of the Supreme Court of New York

In re the Claim of Hightower

169 A.D.2d 922, 564 N.Y.S.2d 641, 1991 N.Y. App. Div. LEXIS 117

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

DecidedJanuary 10, 1991

StatusPublished

This text of 169 A.D.2d 922 (In re the Claim of Hightower) 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 Hightower, 169 A.D.2d 922, 564 N.Y.S.2d 641, 1991 N.Y. App. Div. LEXIS 117 (N.Y. Ct. App. 1991).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 29, 1989, which ruled [923]*923that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant admitted that although she knew of the 30-day time limitation for requesting a hearing on the initial determination denying her unemployment insurance benefits, she failed to request such a hearing until after the expiration of that time period (see, Labor Law § 620 [1] [a]). The only excuse proffered by claimant was that she was waiting for the outcome of her union arbitration. Under these circumstances, the conclusion that her request was untimely and that her excuse was not valid, thus continuing in effect the initial denial of benefits, was in all respects proper (see, Labor Law § 620 [1] [a]; Matter of Gavin [Levine], 52 AD2d 1006).

Decision affirmed, without costs. Mahoney, P. J., Casey, Weiss, Mikoll and Yesawich, Jr., JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 29, 1989, which ruled [923]*923that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant admitted that although she knew of the 30-day time limitation for requesting a hearing on the initial determination denying her unemployment insurance benefits, she failed to request such a hearing until after the expiration of that time period (see, Labor Law § 620 [1] [a]). The only excuse proffered by claimant was that she was waiting for the outcome of her union arbitration. Under these circumstances, the conclusion that her request was untimely and that her excuse was not valid, thus continuing in effect the initial denial of benefits, was in all respects proper (see, Labor Law § 620 [1] [a]; Matter of Gavin [Levine], 52 AD2d 1006).

Decision affirmed, without costs. Mahoney, P. J., Casey, Weiss, Mikoll and Yesawich, Jr., JJ., concur.

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Bluebook (online)

169 A.D.2d 922, 564 N.Y.S.2d 641, 1991 N.Y. App. Div. LEXIS 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-hightower-nyappdiv-1991.

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