Legal Opinion

In re the Claim of Scarlett

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

Decided September 11, 1997Published

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 6, 1996, which, upon reconsideration, adhered to its prior decision ruling, inter alia, that claimant’s request for a hearing was untimely.

After an administrative hearing, the Administrative Law Judge sustained the objection of the Commissioner of Labor that claimant’s hearing request was untimely. There is no dispute that claimant failed to request a hearing within 30 days after the issuance of the notice of determination by the local unemployment insurance office (see, Labor Law § 620 [1] [a]). Furthermore,…

2Cases cited2 opinions

  1. In re the Claim of RodriguezAppellate Division of the Supreme Court of the State of New York · 1997
  2. In re the Claim of LeungAppellate Division of the Supreme Court of the State of New York · 1995

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