In re the Claim of Moses

Appellate Division of the Supreme Court of New York

In re the Claim of Moses

31 A.D.2d 772, 296 N.Y.S.2d 274, 1969 N.Y. App. Div. LEXIS 4814

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

DecidedJanuary 13, 1969

StatusPublished

Cited by3 cases

This text of 31 A.D.2d 772 (In re the Claim of Moses) 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 Moses, 31 A.D.2d 772, 296 N.Y.S.2d 274, 1969 N.Y. App. Div. LEXIS 4814 (N.Y. Ct. App. 1969).

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Opinion

Memorandum by the Court. Appeal by the employer from a decision of the Unemployment Insurance Appeal Board which dismissed an appeal from a Referee’s decision -on the ground it was -not timely filed. Appellant does not dispute the board’s finding that notice of the Referee’s -decision was mailed on December 5, 1967 and that notice of appeal therefrom was filed more than 20 days thereafter, on December 28, 1967, but urges that the time to appeal was extended -by CPL-R 2103 (subd. [b], par. 2). In view of the explicit provisions of the statute regulating appeals in these administrative proceedings (Labor Law, § 621, subd. 1) the “ three-day mailing rule ” under CPLR 2103 has no application. (Matter of Walker [Catherwood], 27 A D 2d 967.) Decision affirmed, without costs. Herlihy, J. P., Reynolds, Aulisi and Staley, Jr., JJ., concur in memorandum by the court.

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Memorandum by the Court. Appeal by the employer from a decision of the Unemployment Insurance Appeal Board which dismissed an appeal from a Referee’s decision -on the ground it was -not timely filed. Appellant does not dispute the board’s finding that notice of the Referee’s -decision was mailed on December 5, 1967 and that notice of appeal therefrom was filed more than 20 days thereafter, on December 28, 1967, but urges that the time to appeal was extended -by CPL-R 2103 (subd. [b], par. 2). In view of the explicit provisions of the statute regulating appeals in these administrative proceedings (Labor Law, § 621, subd. 1) the “ three-day mailing rule ” under CPLR 2103 has no application. (Matter of Walker [Catherwood], 27 A D 2d 967.) Decision affirmed, without costs. Herlihy, J. P., Reynolds, Aulisi and Staley, Jr., JJ., concur in memorandum by the court.

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Bluebook (online)

31 A.D.2d 772, 296 N.Y.S.2d 274, 1969 N.Y. App. Div. LEXIS 4814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-moses-nyappdiv-1969.

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