In re the Claim of Papa

Appellate Division of the Supreme Court of New York

In re the Claim of Papa

49 A.D.2d 783, 372 N.Y.S.2d 261, 1975 N.Y. App. Div. LEXIS 10814

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

DecidedSeptember 18, 1975

StatusPublished

This text of 49 A.D.2d 783 (In re the Claim of Papa) 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 Papa, 49 A.D.2d 783, 372 N.Y.S.2d 261, 1975 N.Y. App. Div. LEXIS 10814 (N.Y. Ct. App. 1975).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board which a decision of a referee that he was without jurisdiction to rule on an initial determination of the Industrial Commissioner because claimant did not make a timely request for a hearing. There is no question that claimant’s request for a hearing came well after the 30-day period prescribed by section 620 (subd [1], par [a]) of the Labor Law. Accordingly, the board’s decision of lack of jurisdiction was clearly proper (e.g., Matter of Merkson [Catherwood], 24 AD2d 675). Decision affirmed, without costs. Herlihy, P. J., Kane, Main, Larkin and Reynolds, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board which a decision of a referee that he was without jurisdiction to rule on an initial determination of the Industrial Commissioner because claimant did not make a timely request for a hearing. There is no question that claimant’s request for a hearing came well after the 30-day period prescribed by section 620 (subd [1], par [a]) of the Labor Law. Accordingly, the board’s decision of lack of jurisdiction was clearly proper (e.g., Matter of Merkson [Catherwood], 24 AD2d 675). Decision affirmed, without costs. Herlihy, P. J., Kane, Main, Larkin and Reynolds, JJ., concur.

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Bluebook (online)

49 A.D.2d 783, 372 N.Y.S.2d 261, 1975 N.Y. App. Div. LEXIS 10814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-papa-nyappdiv-1975.

Opinion

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