Legal Opinion

In re the Claim of De Prima

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

Decided April 1, 1999PublishedCited by 5 opinions

1Opinion of the Court

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 26, 1998, which denied claimant’s application to reopen and reconsider a prior decision of the Board.

Whether to grant an application to reopen a decision is within the discretion of the Unemployment Insurance Appeal Board and, absent an abuse of that discretion, the Board’s decision will not be disturbed (see, Matter of Trincere [Sweeney], 235 AD2d 904). Here, claimant has failed to demonstrate any abuse of discretion on the part of the Board in denying his application to reopen and reconsider its decision of…

2Cases cited2 opinions

  1. Burch v. AmatoAppellate Division of the Supreme Court of the State of New York · 1999
  2. In re the Claim of TrincereAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by5 opinions

  1. In re the Claim of AuresAppellate Division of the Supreme Court of the State of New York · 2000
  2. In re the Claim of CostelloAppellate Division of the Supreme Court of the State of New York · 2000
  3. In re the Claim of LemonsAppellate Division of the Supreme Court of the State of New York · 2000
  4. In re the Claim of SpencerAppellate Division of the Supreme Court of the State of New York · 2011
  5. Matter of Bano (Commissioner of Labor)Appellate Division of the Supreme Court of the State of New York · 2024

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