Legal Opinion

In re the Claim of Long

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

Decided January 5, 2012Published

1Opinion of the Court

*1013We affirm. Regarding the 2008 claim, claimant was required to file her request to use the alternate quarter wages within 10 days of the date that the monetary benefit determination was mailed to her, which in this case occurred on April 7, 2008 (see Labor Law § 527 [2] [b] [i]; Matter of Carrington [Commissioner of Labor], 61 AD3d 1193 [2009]). As she did not submit her request until July 6, 2009, the Board’s finding that the request was untimely is supported by substantial evidence (see Matter of Carrington [Commissioner of Labor], 61 AD3d at 1193; Matter of Saluk [Commissioner of Labor], 8…

2Cases cited3 opinions

  1. In re the Claim of PatersonAppellate Division of the Supreme Court of the State of New York · 2005
  2. In re the Claim of SalukAppellate Division of the Supreme Court of the State of New York · 2004
  3. In re the Claim of CarringtonAppellate Division of the Supreme Court of the State of New York · 2009

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