In re the Claim of Spencer

Garry, J. (dissenting).

I respectfully dissent. When the Unemployment Insurance Appeal Board chooses to reopen a decision, whether on its own motion, as here, or upon timely application by a party, it is required to “state the reasons therefor in its decision” (12 NYCRR 463.6 [d]). The record here does not reveal the basis of the decision to reopen. Further, there was a significant procedural issue that was not addressed at the time of reopening, nor thereafter.

As the majority noted, this is the third time this matter has been before this Court. Claimant’s employment as payroll coordinator was…