Legal Opinion

In re the Claim of Davis

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

Decided April 29, 1993PublishedCited by 1 opinion

1Opinion of the Court

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 24, 1992, which ruled that claimant’s request for a hearing was untimely.

The record evidence supports the Administrative Law Judge’s decision that he was without authority to entertain claimant’s case because claimant failed to timely request a hearing (see, Matter of Bush [Levine], 53 AD2d 768). Claimant admitted that he received the initial determination denying his claim for unemployment insurance benefits "around” the time of its mailing on October 28, 1991. He did not request a hearing until January 17, 1992,…

2Cases cited2 opinions

  1. In re the Claim of BushAppellate Division of the Supreme Court of the State of New York · 1976
  2. In re the Claim of PerezAppellate Division of the Supreme Court of the State of New York · 1965

3Cited by1 opinion

  1. In re the Claim of HavensAppellate Division of the Supreme Court of the State of New York · 2000

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