In re the Rollins

Appellate Division of the Supreme Court of New York

In re the Rollins

176 A.D.2d 424, 574 N.Y.S.2d 413, 1991 N.Y. App. Div. LEXIS 12413

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

DecidedSeptember 26, 1991

StatusPublished

This text of 176 A.D.2d 424 (In re the Rollins) 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 Rollins, 176 A.D.2d 424, 574 N.Y.S.2d 413, 1991 N.Y. App. Div. LEXIS 12413 (N.Y. Ct. App. 1991).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 24, 1990, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant failed to request a hearing on the initial determination denying his claim for unemployment insurance benefits within the 30-day time period set forth in Labor Law § 620 (1). He admitted receiving the notice of denial and that he read the back of it informing him of the time limitations for appealing. He failed to offer any excuse for waiting approximately three months before requesting a hearing other than that he was "annoyed”. Under the circumstances, the Unemployment Insurance Appeal Board was without authority to review the initial determination and its decision denying claimant’s request for review must be upheld (see, Matter of Adams [Levine], 51 AD2d 1079).

Casey, J. P., Mikoll, Yesawich Jr., Levine and Crew III, 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 December 24, 1990, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant failed to request a hearing on the initial determination denying his claim for unemployment insurance benefits within the 30-day time period set forth in Labor Law § 620 (1). He admitted receiving the notice of denial and that he read the back of it informing him of the time limitations for appealing. He failed to offer any excuse for waiting approximately three months before requesting a hearing other than that he was "annoyed”. Under the circumstances, the Unemployment Insurance Appeal Board was without authority to review the initial determination and its decision denying claimant’s request for review must be upheld (see, Matter of Adams [Levine], 51 AD2d 1079).

Casey, J. P., Mikoll, Yesawich Jr., Levine and Crew III, JJ., concur. Ordered that the decision is affirmed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

176 A.D.2d 424, 574 N.Y.S.2d 413, 1991 N.Y. App. Div. LEXIS 12413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-rollins-nyappdiv-1991.

Opinion

Related

Cite This Page — Counsel Stack