Legal Opinion

In re the Claim of Dutta

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

Decided February 9, 2012PublishedCited by 3 opinions

1Opinion of the Court

*1063We affirm. As noted by the Board, claimant did not appear at any of the hearings conducted before the ALJ. Claimant’s conclusory assertion that he did not appear because he was unable to find an attorney to represent him at the second of the three scheduled hearings is not a basis to disturb the Board’s decision (see e.g. Matter of Green [Commissioner of Labor], 87 AD3d 1222 [2011]). Thus, the Board did not abuse its discretion in denying claimant’s application to reopen the ALJ’s decision (see Matter of Maymi [Commissioner of Labor], 42 AD3d 845, 846 [2007]). Inasmuch as a claimant is…

2Cases cited4 opinions

  1. In re the Claim of GreenAppellate Division of the Supreme Court of the State of New York · 2011
  2. In re the Claim of PopescuAppellate Division of the Supreme Court of the State of New York · 2005
  3. In re the Claim of MaymiAppellate Division of the Supreme Court of the State of New York · 2007
  4. In re the Claim of DavisAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by3 opinions

  1. Matter of Mateo (Commissioner of Labor)Appellate Division of the Supreme Court of the State of New York · 2018
  2. Tony's Towing Service, Inc. v. SwartsAppellate Division of the Supreme Court of the State of New York · 2013
  3. Tony's Towing Service, Inc. v. SwartsAppellate Division of the Supreme Court of the State of New York · 2013

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