In re the Claim of Landsman

Appellate Division of the Supreme Court of New York

In re the Claim of Landsman

232 A.D.2d 718, 647 N.Y.S.2d 1019, 1996 N.Y. App. Div. LEXIS 9995

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

DecidedOctober 10, 1996

StatusPublished

This text of 232 A.D.2d 718 (In re the Claim of Landsman) 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 Landsman, 232 A.D.2d 718, 647 N.Y.S.2d 1019, 1996 N.Y. App. Div. LEXIS 9995 (N.Y. Ct. App. 1996).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 21,1995, which ruled that claimant’s request for a hearing was untimely.

By notice of determination mailed on May 19, 1994, claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause. He did not request a hearing with respect to this determination until September 14, 1994. The Board, finding claimant’s request for a hearing to be untimely, sustained the initial determination. In view of claimant’s failure to request a hearing within the statutory 30-day time period or to provide a reasonable excuse for this omission, we find no reason to disturb the Board’s decision (see, Matter of Dillard [Sweeney], 222 AD2d 924; Matter of Glynn [Hudacs], 211 AD2d 938).

Cardona, P. J., Mercure, Crew III, Yesawich Jr. 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 April 21,1995, which ruled that claimant’s request for a hearing was untimely.

By notice of determination mailed on May 19, 1994, claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause. He did not request a hearing with respect to this determination until September 14, 1994. The Board, finding claimant’s request for a hearing to be untimely, sustained the initial determination. In view of claimant’s failure to request a hearing within the statutory 30-day time period or to provide a reasonable excuse for this omission, we find no reason to disturb the Board’s decision (see, Matter of Dillard [Sweeney], 222 AD2d 924; Matter of Glynn [Hudacs], 211 AD2d 938).

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

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Bluebook (online)

232 A.D.2d 718, 647 N.Y.S.2d 1019, 1996 N.Y. App. Div. LEXIS 9995, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-landsman-nyappdiv-1996.

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