In re the Claim of Pelli

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 5, 2005, which ruled that claimant’s request for a hearing was untimely.

On March 26, 2003, the Department of Labor issued initial determinations denying claimant’s application for unemployment insurance benefits, however, he did not request a hearing until September 20, 2004. The Commissioner of Labor objected on the ground that the hearing was not requested in a timely manner in accordance with Labor Law § 620 (1) (a). In response, claimant asserted that he was not mentally capable of filing an appeal within…