In re the Claim of Lebron

Appellate Division of the Supreme Court of New York

In re the Claim of Lebron

72 A.D.2d 886, 421 N.Y.S.2d 933, 1979 N.Y. App. Div. LEXIS 14176

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

DecidedNovember 21, 1979

StatusPublished

Cited by4 cases

This text of 72 A.D.2d 886 (In re the Claim of Lebron) 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 Lebron, 72 A.D.2d 886, 421 N.Y.S.2d 933, 1979 N.Y. App. Div. LEXIS 14176 (N.Y. Ct. App. 1979).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 6, 1979, which dismissed claimant’s appeal from the decision of a referee as untimely. In relying on claimant’s failure to comply with the 20-day period for taking an appeal as a basis for dismissal (Labor Law, § 621, subd 1), the board has erred, for there is nothing in the present record to indicate when the contested referee’s decision was mailed or delivered to her. Absent such proof, the instant decision cannot stand (Matter of Gonzalez [Ross], 47 NY2d 922). Decision reversed, with costs, and matter remitted to the Unemployment Insurance Appeal Board for further proceedings not inconsistent herewith. Mahoney, P. J., Greenblott, Sweeney, Kane and Staley, Jr., JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 6, 1979, which dismissed claimant’s appeal from the decision of a referee as untimely. In relying on claimant’s failure to comply with the 20-day period for taking an appeal as a basis for dismissal (Labor Law, § 621, subd 1), the board has erred, for there is nothing in the present record to indicate when the contested referee’s decision was mailed or delivered to her. Absent such proof, the instant decision cannot stand (Matter of Gonzalez [Ross], 47 NY2d 922). Decision reversed, with costs, and matter remitted to the Unemployment Insurance Appeal Board for further proceedings not inconsistent herewith. Mahoney, P. J., Greenblott, Sweeney, Kane and Staley, Jr., JJ., concur.

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Bluebook (online)

72 A.D.2d 886, 421 N.Y.S.2d 933, 1979 N.Y. App. Div. LEXIS 14176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-lebron-nyappdiv-1979.

Opinion

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