In re the Claim of McIntire

Appellate Division of the Supreme Court of New York

In re the Claim of McIntire

284 A.D.2d 703, 726 N.Y.S.2d 301, 2001 N.Y. App. Div. LEXIS 6234

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

DecidedJune 14, 2001

StatusPublished

Cited by2 cases

This text of 284 A.D.2d 703 (In re the Claim of McIntire) 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 McIntire, 284 A.D.2d 703, 726 N.Y.S.2d 301, 2001 N.Y. App. Div. LEXIS 6234 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 21, 2000, which denied claimant’s application to reopen a previous decision denying her application for unemployment insurance benefits.

“Whether to grant an application to reopen a decision is within the discretion of the Unemployment Insurance Appeal Board and, absent an abuse of discretion, the Board’s decision will not be disturbed [citations omitted]” (Matter of Collins [Commissioner of Labor], 270 AD2d 537, lv dismissed 95 NY2d 819). On March 13, 2000 claimant applied to reopen a February 1, 2000 decision of the Board which adhered to its prior decision finding that she was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause. Inasmuch as claimant failed to apply for reopening within 30 days of the Board’s decision, the merits of the underlying decision denying her request for unemployment insurance benefits are not properly before this Court (see, Matter of Becton [Commissioner of Labor], 278 AD2d 570, lv dismissed 96 NY2d 792). In any event, because claimant alleges no abuse of discretion on behalf of the Board in denying her application to reopen, we find no reason to disturb the Board’s decision.

Spain, J. P., Carpinello, Mugglin, Rose and Lahtinen, 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 March 21, 2000, which denied claimant’s application to reopen a previous decision denying her application for unemployment insurance benefits.

“Whether to grant an application to reopen a decision is within the discretion of the Unemployment Insurance Appeal Board and, absent an abuse of discretion, the Board’s decision will not be disturbed [citations omitted]” (Matter of Collins [Commissioner of Labor], 270 AD2d 537, lv dismissed 95 NY2d 819). On March 13, 2000 claimant applied to reopen a February 1, 2000 decision of the Board which adhered to its prior decision finding that she was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause. Inasmuch as claimant failed to apply for reopening within 30 days of the Board’s decision, the merits of the underlying decision denying her request for unemployment insurance benefits are not properly before this Court (see, Matter of Becton [Commissioner of Labor], 278 AD2d 570, lv dismissed 96 NY2d 792). In any event, because claimant alleges no abuse of discretion on behalf of the Board in denying her application to reopen, we find no reason to disturb the Board’s decision.

Spain, J. P., Carpinello, Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

284 A.D.2d 703, 726 N.Y.S.2d 301, 2001 N.Y. App. Div. LEXIS 6234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-mcintire-nyappdiv-2001.

Opinion

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