In re the Claim of Moricone

Appellate Division of the Supreme Court of New York

In re the Claim of Moricone

199 A.D.2d 802, 605 N.Y.S.2d 521, 1993 N.Y. App. Div. LEXIS 12205

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

DecidedDecember 23, 1993

StatusPublished

Cited by3 cases

This text of 199 A.D.2d 802 (In re the Claim of Moricone) 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 Moricone, 199 A.D.2d 802, 605 N.Y.S.2d 521, 1993 N.Y. App. Div. LEXIS 12205 (N.Y. Ct. App. 1993).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 12, 1993, which, upon reconsideration, adhered to its prior decision ruling that claimant’s request for a hearing was untimely.

Claimant did not request a hearing until after the 30-day statutory time period provided by Labor Law § 620 (1) (a) had expired. There was no evidence that claimant was prevented from filing a timely request. In addition, claimant never argued that she failed to receive a copy of the decision of the local unemployment insurance office disqualifying her from receiving benefits or that she did not receive it within the 30-day time period. Under the circumstances, the conclusion that her request was untimely was in all respects proper.

Weiss, P. J., Mikoll, Mercure, Cardona and Mahoney, 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 12, 1993, which, upon reconsideration, adhered to its prior decision ruling that claimant’s request for a hearing was untimely.

Claimant did not request a hearing until after the 30-day statutory time period provided by Labor Law § 620 (1) (a) had expired. There was no evidence that claimant was prevented from filing a timely request. In addition, claimant never argued that she failed to receive a copy of the decision of the local unemployment insurance office disqualifying her from receiving benefits or that she did not receive it within the 30-day time period. Under the circumstances, the conclusion that her request was untimely was in all respects proper.

Weiss, P. J., Mikoll, Mercure, Cardona and Mahoney, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

199 A.D.2d 802, 605 N.Y.S.2d 521, 1993 N.Y. App. Div. LEXIS 12205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-moricone-nyappdiv-1993.

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