In re the Claim of Rounds.

Appellate Division of the Supreme Court of New York

In re the Claim of Rounds.

220 A.D.2d 921, 632 N.Y.S.2d 680, 1995 N.Y. App. Div. LEXIS 10168

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

DecidedOctober 19, 1995

StatusPublished

Cited by2 cases

This text of 220 A.D.2d 921 (In re the Claim of Rounds.) 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 Rounds., 220 A.D.2d 921, 632 N.Y.S.2d 680, 1995 N.Y. App. Div. LEXIS 10168 (N.Y. Ct. App. 1995).

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Opinion

—Appeal from a decision of the Unemployment Appeal Board, filed February 6, 1995, which, inter alia, ruled that claimant’s request for a hearing was untimely.

By revised notice of determination dated February 4, 1994, claimant was advised that she was ineligible to receive unemployment insurance benefits because she had an insufficient number of weeks of work in her base period and alternate base period. It is undisputed that she did not request a hearing on this determination until July 7,1994, well beyond the statutory 30-day period. Claimant, however, contends that the delay in making her request should be excused because she was misled by the Unemployment Insurance Out-of-State Resident office and the Binghamton office. Given claimant’s failure to contact these offices immediately following the issuance of the subject determination or to follow the clearly delineated procedure for appealing the determination set forth on the back of the notice, we reject claimant’s contention. Accordingly, the Board’s decision is upheld.

[922]*922Mikoll, J. P., Crew III, Casey, Yesawich Jr. and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

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—Appeal from a decision of the Unemployment Appeal Board, filed February 6, 1995, which, inter alia, ruled that claimant’s request for a hearing was untimely.

By revised notice of determination dated February 4, 1994, claimant was advised that she was ineligible to receive unemployment insurance benefits because she had an insufficient number of weeks of work in her base period and alternate base period. It is undisputed that she did not request a hearing on this determination until July 7,1994, well beyond the statutory 30-day period. Claimant, however, contends that the delay in making her request should be excused because she was misled by the Unemployment Insurance Out-of-State Resident office and the Binghamton office. Given claimant’s failure to contact these offices immediately following the issuance of the subject determination or to follow the clearly delineated procedure for appealing the determination set forth on the back of the notice, we reject claimant’s contention. Accordingly, the Board’s decision is upheld.

[922]*922Mikoll, J. P., Crew III, Casey, Yesawich Jr. and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

220 A.D.2d 921, 632 N.Y.S.2d 680, 1995 N.Y. App. Div. LEXIS 10168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-rounds-nyappdiv-1995.

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