In re the Claim of Montalvo

Louis L. Levine, as Industrial Commissioner, Respondent. Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 12, 1975, which affirmed the decision of a referee holding that since claimant failed to request a hearing within the statutory period, the initial determination of the Industrial Commissioner of loss of employment because of misconduct in connection therewith remains in effect. Claimant admitted that he received the initial determination dated and mailed to him on July 31, 1974. He did not request a hearing, however, until May 20, 1975, after waiting over…