In re the Claim of Soler

Appellate Division of the Supreme Court of New York

In re the Claim of Soler

263 A.D.2d 840, 693 N.Y.S.2d 771, 1999 N.Y. App. Div. LEXIS 8253

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

DecidedJuly 22, 1999

StatusPublished

This text of 263 A.D.2d 840 (In re the Claim of Soler) 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 Soler, 263 A.D.2d 840, 693 N.Y.S.2d 771, 1999 N.Y. App. Div. LEXIS 8253 (N.Y. Ct. App. 1999).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 30, 1998, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

By initial determination dated November 5, 1997, claimant was found to be disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause and was charged with a recoverable overpayment and loss of benefits days. Claimant admitted receiving the determination shortly after it was mailed and, upon speaking with the local office in Puerto Rico, was informed that he had 30 days in which to request an administrative hearing. Inasmuch as claimant failed to advance a reasonable excuse for his delay, the Unemployment Insurance Appeal Board’s decision finding that claimant’s request for a hearing, dated April [841]*84122, 1998, was untimely is supported by substantial evidence and must be upheld (see, Matter of McGee [Commissioner of Labor], 256 AD2d 710, lv denied 93 NY2d 803).

Cardona,' P. J., Mikoll, Mercure, 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 September 30, 1998, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

By initial determination dated November 5, 1997, claimant was found to be disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause and was charged with a recoverable overpayment and loss of benefits days. Claimant admitted receiving the determination shortly after it was mailed and, upon speaking with the local office in Puerto Rico, was informed that he had 30 days in which to request an administrative hearing. Inasmuch as claimant failed to advance a reasonable excuse for his delay, the Unemployment Insurance Appeal Board’s decision finding that claimant’s request for a hearing, dated April [841]*84122, 1998, was untimely is supported by substantial evidence and must be upheld (see, Matter of McGee [Commissioner of Labor], 256 AD2d 710, lv denied 93 NY2d 803).

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

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263 A.D.2d 840, 693 N.Y.S.2d 771, 1999 N.Y. App. Div. LEXIS 8253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-soler-nyappdiv-1999.

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