In re the Claim of Jean-Pierre

Appellate Division of the Supreme Court of New York

In re the Claim of Jean-Pierre

267 A.D.2d 572, 698 N.Y.S.2d 923, 1999 N.Y. App. Div. LEXIS 12417

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

DecidedDecember 2, 1999

StatusPublished

This text of 267 A.D.2d 572 (In re the Claim of Jean-Pierre) 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 Jean-Pierre, 267 A.D.2d 572, 698 N.Y.S.2d 923, 1999 N.Y. App. Div. LEXIS 12417 (N.Y. Ct. App. 1999).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 10, 1998, which denied claimant’s application to reopen and reconsider a previous decision denying his application for unemployment insurance benefits.

[573]*573The record demonstrates that claimant failed to timely appeal a March 14, 1995 decision by the Unemployment Insurance Appeal Board ruling that claimant was disqualified from receiving unemployment insurance benefits because he was terminated from his position as a financial aide officer due to misconduct. In a July 10, 1998 decision, the Board denied claimant’s application to reopen and reconsider the March 1995 decision, prompting this appeal by claimant. We affirm. Initially, our review of the record discloses no abuse of the Board’s discretion in denying claimant’s application for reconsideration of its prior decision (see, Matter of Semiletov [Commissioner of Labor], 253 AD2d 931). In any event, were the matter properly before us, we would find substantial evidence to support the Board’s ruling that claimant was discharged for striking a co-worker and that he was therefore guilty of disqualifying misconduct (see, Matter of Kahn [Commissioner of Labor], 249 AD2d 669) and was properly charged with a recoverable overpayment of benefits.

Crew III, J. P., Yesawich Jr., Peters, Spain and Carpinello, 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 July 10, 1998, which denied claimant’s application to reopen and reconsider a previous decision denying his application for unemployment insurance benefits.

[573]*573The record demonstrates that claimant failed to timely appeal a March 14, 1995 decision by the Unemployment Insurance Appeal Board ruling that claimant was disqualified from receiving unemployment insurance benefits because he was terminated from his position as a financial aide officer due to misconduct. In a July 10, 1998 decision, the Board denied claimant’s application to reopen and reconsider the March 1995 decision, prompting this appeal by claimant. We affirm. Initially, our review of the record discloses no abuse of the Board’s discretion in denying claimant’s application for reconsideration of its prior decision (see, Matter of Semiletov [Commissioner of Labor], 253 AD2d 931). In any event, were the matter properly before us, we would find substantial evidence to support the Board’s ruling that claimant was discharged for striking a co-worker and that he was therefore guilty of disqualifying misconduct (see, Matter of Kahn [Commissioner of Labor], 249 AD2d 669) and was properly charged with a recoverable overpayment of benefits.

Crew III, J. P., Yesawich Jr., Peters, Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

267 A.D.2d 572, 698 N.Y.S.2d 923, 1999 N.Y. App. Div. LEXIS 12417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-jean-pierre-nyappdiv-1999.

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