Opinion
2014-03-20
In the Matter of AREA EMPORIUM LLC, Appellant. COMMISSIONER OF LABOR, Respondent.
Leeds, Morelli & Brown, PC, Carle Place (Andrew Costello of counsel), for appellant. Eric T. Schneiderman, Attorney General, New York City (Steven Koton of counsel), for respondent.
Leeds, Morelli & Brown, PC, Carle Place (Andrew Costello of counsel), for appellant. Eric T. Schneiderman, Attorney General, New York City (Steven Koton of counsel), for respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 10, 2011, which dismissed claimant's appeal from a decision of an Administrative Law Judge as untimely.
The Department of Labor issued initial determinations holding Area Emporium LLC (hereinafter AE) liable for additional unemployment insurance contributions on remuneration paid to massage therapists and yoga instructors. Although AE contested the determinations and requested a hearing, the Administrative Law Judge (hereinafter ALJ) issued a default decision after AE failed to appear. AE made an application to reopen and, by decision dated November 17, 2010, the ALJ granted the application, but sustained the initial determinations. On December 15, 2010, the attorney representing AE filed a notice of appeal and requested a waiver of the 20–day time period within which to appeal because AE's principal had been out of the country. The Unemployment Insurance Appeal Board dismissed the appeal as untimely and this appeal ensued.
We affirm. Labor Law § 621(1) requires that an appeal from a decision of an ALJ be taken within 20 days of the date the decision is mailed or personally delivered and this time requirement is strictly construed ( see Matter of Cunto [Commissioner of Labor], 109 A.D.3d 1076, 1077, 971 N.Y.S.2d 488 [2013];Matter of Politis [Commissioner of Labor], 96 A.D.3d 1340, 947 N.Y.S.2d 228 [2012] ). Claimant's request to appeal was made outside the 20–day time period and good cause for noncompliance has not been demonstrated ( see Matter of Berisha [Commissioner of Labor], 89 A.D.3d 1309, 1310, 932 N.Y.S.2d 597 [2011],lv. dismissed19 N.Y.3d 838, 946 N.Y.S.2d 94, 969 N.E.2d 210 [2012];Matter of Stuenzi [Commissioner of Labor], 304 A.D.2d 1014, 1015, 756 N.Y.S.2d 921 [2003] ). Consequently, the merits of the case are not properly before us and we find no reason to disturb the Board's dismissal of the appeal ( see Matter of Cunto [Commissioner of Labor], 109 A.D.3d at 1077, 971 N.Y.S.2d 488;Matter of Politis [Commissioner of Labor], 96 A.D.3d at 1340, 947 N.Y.S.2d 228).
ORDERED that the decision is affirmed, without costs. PETERS, P.J., STEIN, GARRY and EGAN JR., JJ., CONCUR.