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In the Matter of Trinidad

Appellate Division of the Supreme Court of New York, Third Department
Sep 22, 2005
21 A.D.3d 1208 (N.Y. App. Div. 2005)

Opinion

97907.

September 22, 2005.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 15, 2004, which dismissed claimant's appeal from a decision of an Administrative Law Judge as untimely.

Marines Trinidad, New York City, appellant pro se.

Eliot Spitzer, Attorney General, New York City (Bessie Bazile of counsel), for respondent.

Before: Cardona, P.J., Peters, Spain, Mugglin and Rose, JJ., concur.


By decision dated and mailed May 4, 2004, an Administrative Law Judge sustained an initial determination ruling that claimant was disqualified from receiving unemployment insurance benefits because she lost her employment due to misconduct. The record confirms that claimant appealed this decision by a written notice which she did not mail until June 1, 2004. During a hearing to determine the timeliness of the appeal, claimant admitted to receiving the May 4, 2004 decision shortly after it was mailed and acknowledged that it contained a notice advising her that she had 20 days in which to appeal, but she delayed requesting an appeal due to her ongoing job search and mistaken belief that she had more time to appeal. Inasmuch as claimant failed to offer a reasonable excuse for failing to comply with the strict 20-day statutory time period set forth in Labor Law § 621 (1), we find no reason to disturb the Unemployment Insurance Appeal Board's decision dismissing claimant's appeal as untimely ( see Matter of Tomao [Commissioner of Labor], 21 AD3d 638; Matter of Popescu [Commissioner of Labor], 16 AD3d 757, 758; Matter of Plotnik [Commissioner of Labor], 13 AD3d 700, 701). We need not, therefore, address claimant's arguments relating to the underlying merits of the denial of her application for benefits ( see id.).

Ordered that the decision is affirmed, without costs.


Summaries of

In the Matter of Trinidad

Appellate Division of the Supreme Court of New York, Third Department
Sep 22, 2005
21 A.D.3d 1208 (N.Y. App. Div. 2005)
Case details for

In the Matter of Trinidad

Case Details

Full title:In the Matter of the Claim of MARINES TRINIDAD, Appellant. COMMISSIONER OF…

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

Date published: Sep 22, 2005

Citations

21 A.D.3d 1208 (N.Y. App. Div. 2005)
801 N.Y.S.2d 108

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