In re the Claim of Mostafa

Appellate Division of the Supreme Court of New York

In re the Claim of Mostafa

265 A.D.2d 793, 697 N.Y.S.2d 205, 1999 N.Y. App. Div. LEXIS 11038

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

DecidedOctober 28, 1999

StatusPublished

Cited by4 cases

This text of 265 A.D.2d 793 (In re the Claim of Mostafa) 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.

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In re the Claim of Mostafa, 265 A.D.2d 793, 697 N.Y.S.2d 205, 1999 N.Y. App. Div. LEXIS 11038 (N.Y. Ct. App. 1999).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 24,1999, which ruled that claimant’s request for a hearing was untimely.

By initial decision dated and mailed July 14, 1998, claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause. Claimant admitted receiving this notice shortly after it was mailed but did not request a hearing until December 18, 1998 because he anticipated finding new employment quickly. Inasmuch as claimant did not provide a reasonable excuse for failing to request a hearing within the 30-day statutory time period provided by Labor Law § 620 (1) (a), we find no reason to disturb the decision of the Unemployment Insurance Appeal Board that claimant’s request for a hearing was untimely (see, Matter of McGee [Commissioner of Labor], 256 AD2d 710, lv denied 93 NY2d 803; Matter of Storch [Gross— Sweeney], 244 AD2d 755).

Cardona, P. J., Mercure, Spain, Carpinello and Graffeo, 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 24,1999, which ruled that claimant’s request for a hearing was untimely.

By initial decision dated and mailed July 14, 1998, claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause. Claimant admitted receiving this notice shortly after it was mailed but did not request a hearing until December 18, 1998 because he anticipated finding new employment quickly. Inasmuch as claimant did not provide a reasonable excuse for failing to request a hearing within the 30-day statutory time period provided by Labor Law § 620 (1) (a), we find no reason to disturb the decision of the Unemployment Insurance Appeal Board that claimant’s request for a hearing was untimely (see, Matter of McGee [Commissioner of Labor], 256 AD2d 710, lv denied 93 NY2d 803; Matter of Storch [Gross— Sweeney], 244 AD2d 755).

Cardona, P. J., Mercure, Spain, Carpinello and Graffeo, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

265 A.D.2d 793, 697 N.Y.S.2d 205, 1999 N.Y. App. Div. LEXIS 11038, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-mostafa-nyappdiv-1999.

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