Legal Opinion

In re the Claim of Diaz

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

Decided April 29, 2004PublishedCited by 4 opinions

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 12, 2003, which ruled that claimant’s request for a hearing was untimely.

After losing his job as a restaurant worker, claimant was disqualified from receiving unemployment insurance benefits because he was terminated due to misconduct. Notices of determination to such effect were mailed to him on June 19, 2001. He admitted receiving such notices, both in English and in Spanish, a few days after they were mailed. He did not, however, request a hearing until October 2001 at the earliest. Upon finding claimant’s…

2Cases cited3 opinions

  1. In re the Claim of BrownAppellate Division of the Supreme Court of the State of New York · 2004
  2. In re the Claim of TobarAppellate Division of the Supreme Court of the State of New York · 2003
  3. In re the Claim of McKinleyAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by4 opinions

  1. In re the Claim of JarrettAppellate Division of the Supreme Court of the State of New York · 2004
  2. In re the Claim of RamosAppellate Division of the Supreme Court of the State of New York · 2012
  3. In re the Claim of BriggsAppellate Division of the Supreme Court of the State of New York · 2008
  4. In re the Claim of WilnerAppellate Division of the Supreme Court of the State of New York · 2006

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