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

Appellate Division of the Supreme Court of the State of New York·Decided September 18, 1975·Published

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.

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

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