From Casetext: Smarter Legal Research

In re Arleigh

Appellate Division of the Supreme Court of New York, Third Department
Mar 20, 2008
49 A.D.3d 1047 (N.Y. App. Div. 2008)

Opinion

No. 502363.

March 20, 2008.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 16, 2007, which denied claimant's application to reopen its prior decision.

Arleigh Spencer, Valley Stream, appellant pro se.

Andrew M. Cuomo, Attorney General, New York City (Mary Hughes of counsel), for respondent.

Before: Mercure, J.P., Peters, Lahtinen, Kane and Kavanagh, JJ., concur. Ordered that the decision is affirmed, without costs.


When this matter was last before us, this Court affirmed a decision of the Unemployment Insurance Appeal Board, filed February 15, 2005, which, upon reconsideration, ruled that claimant was disqualified from receiving unemployment insurance benefits because he was discharged from his employment due to misconduct ( 22 AD3d 1010, lv denied 7 NY3d 701). Claimant thereafter unsuccessfully sought to reopen the Board's prior decision, prompting this appeal.

"Whether to grant an application to reopen a decision is within the discretion of the Board, and, absent a showing that the Board abused its discretion, its decision will not be disturbed" ( Matter of Kendricks [Commissioner of Labor], 1 AD3d 682, 682-683 [citation omitted]; see Matter of Hardamon [Menorah Home Hosp. for AgingCommissioner of Labor], 17 AD3d 764, 765). We perceive no abuse of that discretion here. Not only did claimant fail to demonstrate that the evidence now offered was unavailable at the original hearing, but the crux of that evidence is unrelated to the incident that led to his discharge. Under such circumstances, the Board quite properly denied claimant's application to reopen.


Summaries of

In re Arleigh

Appellate Division of the Supreme Court of New York, Third Department
Mar 20, 2008
49 A.D.3d 1047 (N.Y. App. Div. 2008)
Case details for

In re Arleigh

Case Details

Full title:In the Matter of the Claim of ARLEIGH SPENCER, Appellant. COMMISSIONER OF…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 20, 2008

Citations

49 A.D.3d 1047 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 2523
852 N.Y.S.2d 853

Citing Cases

In re Comm. of Labor

The present appeal is the third occasion that this matter has been before us, and the facts are more fully…

In re Monroe

We affirm. The decision to grant an application to reopen is a matter committed to the sound discretion of…