Alexander v. Administrator, Division of Employment Security

I respectfully submit that the majority has erroneously concluded that it is not “irreparable injury” to require litigants to try a case when the claim has been destroyed and the claim has ceased to exist. I vote to grant the application for writs.

Plaintiff James Alexander filed for unemployment insurance benefits. Benefits were denied on the initial determination that his employment was terminated by his former employer due to Alexander’s misconduct. The Appeal Referee made this determination by a decision mailed January 24, 1974 to Alexander at his last known address. Alexander admits that…