In re the Claim of Speed

Appellate Division of the Supreme Court of New York

In re the Claim of Speed

243 A.D.2d 807, 662 N.Y.S.2d 854, 1997 N.Y. App. Div. LEXIS 9718

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

DecidedOctober 9, 1997

StatusPublished

Cited by1 cases

This text of 243 A.D.2d 807 (In re the Claim of Speed) 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 Speed, 243 A.D.2d 807, 662 N.Y.S.2d 854, 1997 N.Y. App. Div. LEXIS 9718 (N.Y. Ct. App. 1997).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 6, 1996, which dismissed claimant’s appeal from a decision of an Administrative Law Judge as untimely.

Substantial evidence in the record supports the finding of the Unemployment Insurance Appeal Board that claimant did not appeal from the December 1992 decision of the Administrative Law Judge until December 1993, well beyond the statutory 20-day limitations period (see, Labor Law § 621 [1]). The excuse offered by claimant is that she waited to file her appeal until she had received a decision from the Division of Labor Standards determining whether the same employer owed her vacation pay. This excuse does not exempt claimant from compliance with the filing requirements of Labor Law § 621 [808]*808(1); hence, the Board properly ruled that it lacked jurisdiction to hear claimant’s appeal (see, Matter of Banks [Sweeney], 232 AD2d 797).

Crew III, J. P., White, Yesawich Jr., Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 6, 1996, which dismissed claimant’s appeal from a decision of an Administrative Law Judge as untimely.

Substantial evidence in the record supports the finding of the Unemployment Insurance Appeal Board that claimant did not appeal from the December 1992 decision of the Administrative Law Judge until December 1993, well beyond the statutory 20-day limitations period (see, Labor Law § 621 [1]). The excuse offered by claimant is that she waited to file her appeal until she had received a decision from the Division of Labor Standards determining whether the same employer owed her vacation pay. This excuse does not exempt claimant from compliance with the filing requirements of Labor Law § 621 [808]*808(1); hence, the Board properly ruled that it lacked jurisdiction to hear claimant’s appeal (see, Matter of Banks [Sweeney], 232 AD2d 797).

Crew III, J. P., White, Yesawich Jr., Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

243 A.D.2d 807, 662 N.Y.S.2d 854, 1997 N.Y. App. Div. LEXIS 9718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-speed-nyappdiv-1997.

Opinion

Related

Cite This Page — Counsel Stack