In re the Claim of Kulawiak

Appellate Division of the Supreme Court of New York

In re the Claim of Kulawiak

82 A.D.2d 1014, 442 N.Y.S.2d 152, 1981 N.Y. App. Div. LEXIS 14749

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

DecidedJune 25, 1981

StatusPublished

Cited by6 cases

This text of 82 A.D.2d 1014 (In re the Claim of Kulawiak) 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 Kulawiak, 82 A.D.2d 1014, 442 N.Y.S.2d 152, 1981 N.Y. App. Div. LEXIS 14749 (N.Y. Ct. App. 1981).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 2, 1980, which dismissed as untimely claimant’s appeal from a decision of the Administrative Law Judge, filed October 8,1980, sustaining the initial determination of the Industrial Commissioner which disqualified claimant from receiving benefits because he lost his employment due to misconduct in connection therewith. It is undisputed that the decision was mailed October 8, 1980 and claimant’s notice of appeal was filed November 13,1980,15 days beyond the statutory 20-day period. In view of the explicit provisions of the statute regulating appeals in these administrative proceedings (Labor Law, §621, subd 1), the statute must be strictly enforced (Matter of Gavin [Levine], 52 AD2d 1006; Matter of Fleischman [Levine], 50 AD2d 1007). Decision affirmed, without costs. Mahoney, P. J., Kane, Casey, Weiss and Herlihy, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 2, 1980, which dismissed as untimely claimant’s appeal from a decision of the Administrative Law Judge, filed October 8,1980, sustaining the initial determination of the Industrial Commissioner which disqualified claimant from receiving benefits because he lost his employment due to misconduct in connection therewith. It is undisputed that the decision was mailed October 8, 1980 and claimant’s notice of appeal was filed November 13,1980,15 days beyond the statutory 20-day period. In view of the explicit provisions of the statute regulating appeals in these administrative proceedings (Labor Law, §621, subd 1), the statute must be strictly enforced (Matter of Gavin [Levine], 52 AD2d 1006; Matter of Fleischman [Levine], 50 AD2d 1007). Decision affirmed, without costs. Mahoney, P. J., Kane, Casey, Weiss and Herlihy, JJ., concur.

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Bluebook (online)

82 A.D.2d 1014, 442 N.Y.S.2d 152, 1981 N.Y. App. Div. LEXIS 14749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-kulawiak-nyappdiv-1981.

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