In re the Claim of Levy

Appellate Division of the Supreme Court of New York

In re the Claim of Levy

30 A.D.2d 1010, 294 N.Y.S.2d 228, 1968 N.Y. App. Div. LEXIS 3125

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

DecidedOctober 22, 1968

StatusPublished

This text of 30 A.D.2d 1010 (In re the Claim of Levy) 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 Levy, 30 A.D.2d 1010, 294 N.Y.S.2d 228, 1968 N.Y. App. Div. LEXIS 3125 (N.Y. Ct. App. 1968).

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Opinion

Reynolds, J.

Appeal by the claimant from that part of a decision of the Unemployment Insurance Appeal Board as ruled claimant ineligible for benefits from July 17 through September 18, 1967, inclusive, on the ground that claimant failed to file a request for a hearing within the 30-day statutory period (Labor Law, § 620, subd. 1, par. [a]). The record clearly reveals that the initial determination ruling claimant ineligible, effective July 17, 1967 because of unavailability for employment, was rendered and properly mailed to claimant on September 15, 1967, and that claimant did not request a hearing on that determination until October 19, 1967. The board as the factual arbiter, of course, did not have to accept claimant’s contention that .she did not, in fact, receive the initial determination. Accordingly, the board’s decision must be affirmed (e.g., Matter of Mack [Catherwood], 28 A D 2d 1020; Matter of Perez [Catherwood], 24 A D 2d 776; Matter of Merkson [Catherwood], 24 A D 2d 675). Decision affirmed, without costs. Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Reynolds, J.

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Reynolds, J.

Appeal by the claimant from that part of a decision of the Unemployment Insurance Appeal Board as ruled claimant ineligible for benefits from July 17 through September 18, 1967, inclusive, on the ground that claimant failed to file a request for a hearing within the 30-day statutory period (Labor Law, § 620, subd. 1, par. [a]). The record clearly reveals that the initial determination ruling claimant ineligible, effective July 17, 1967 because of unavailability for employment, was rendered and properly mailed to claimant on September 15, 1967, and that claimant did not request a hearing on that determination until October 19, 1967. The board as the factual arbiter, of course, did not have to accept claimant’s contention that .she did not, in fact, receive the initial determination. Accordingly, the board’s decision must be affirmed (e.g., Matter of Mack [Catherwood], 28 A D 2d 1020; Matter of Perez [Catherwood], 24 A D 2d 776; Matter of Merkson [Catherwood], 24 A D 2d 675). Decision affirmed, without costs. Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Reynolds, J.

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Bluebook (online)

30 A.D.2d 1010, 294 N.Y.S.2d 228, 1968 N.Y. App. Div. LEXIS 3125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-levy-nyappdiv-1968.