In re the Claim of Mulheron

Appellate Division of the Supreme Court of New York

In re the Claim of Mulheron

240 A.D.2d 809, 661 N.Y.S.2d 1006, 1997 N.Y. App. Div. LEXIS 6017

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

DecidedJune 5, 1997

StatusPublished

Cited by2 cases

This text of 240 A.D.2d 809 (In re the Claim of Mulheron) 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 Mulheron, 240 A.D.2d 809, 661 N.Y.S.2d 1006, 1997 N.Y. App. Div. LEXIS 6017 (N.Y. Ct. App. 1997).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 29, 1996, which dismissed claimant’s appeal as untimely.

Claimant admits that she received the decision of the Administrative Law Judge disqualifying her from receiving unemployment insurance benefits around June 25, 1992 but delayed filing an appeal until October 19, 1994. Inasmuch as claimant failed to file an appeal within the 20-day period contained in Labor Law § ,621 (1), which provision is strictly enforced, the appeal was properly dismissed as untimely by the Unemployment Insurance Appeal Board (see, Matter of Braz [Hudacs], 211 AD2d 938). Consequently, we decline to address the merits of the appeal (see, Matter of Braithwaite [Hudacs], 181 AD2d 936):

Mercure, J. P., Casey, Yesawich Jr., Spain and Carpinello, 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 April 29, 1996, which dismissed claimant’s appeal as untimely.

Claimant admits that she received the decision of the Administrative Law Judge disqualifying her from receiving unemployment insurance benefits around June 25, 1992 but delayed filing an appeal until October 19, 1994. Inasmuch as claimant failed to file an appeal within the 20-day period contained in Labor Law § ,621 (1), which provision is strictly enforced, the appeal was properly dismissed as untimely by the Unemployment Insurance Appeal Board (see, Matter of Braz [Hudacs], 211 AD2d 938). Consequently, we decline to address the merits of the appeal (see, Matter of Braithwaite [Hudacs], 181 AD2d 936):

Mercure, J. P., Casey, Yesawich Jr., Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

240 A.D.2d 809, 661 N.Y.S.2d 1006, 1997 N.Y. App. Div. LEXIS 6017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-mulheron-nyappdiv-1997.

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