In re the Claim of Samaniego

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 20, 1995, which, inter alia, ruled that claimant’s request for a hearing was untimely.

It is undisputed that claimant failed to comply with the requirements of Labor Law § 620 (1) (a) by requesting an administrative hearing either in person or in writing within 30 days after issuance of the notice of decision by the local unemployment insurance office. There is no evidence that claimant failed to receive the notice or that the delay was caused by her "physical condition or mental incapacity” (Labor Law § 620 [1]…