Opinion
April 29, 1993
Appeal from the Unemployment Insurance Appeal Board.
The record evidence supports the Administrative Law Judge's decision that he was without authority to entertain claimant's case because claimant failed to timely request a hearing (see, Matter of Bush [Levine], 53 A.D.2d 768). Claimant admitted that he received the initial determination denying his claim for unemployment insurance benefits "around" the time of its mailing on October 28, 1991. He did not request a hearing until January 17, 1992, long after the statutory 30-day period for doing so had expired (Labor Law § 620 [a]). Claimant testified that he could not read. There is no evidence in the record, however, that claimant ever notified anyone of that fact or that he ever attempted to have anyone read to him any portion of the notice of determination (see, Matter of Perez [Catherwood], 24 A.D.2d 776). Claimant's remaining contentions have been considered and rejected as lacking in merit.
Weiss, P.J., Mikoll, Yesawich Jr., Levine and Crew III, JJ., concur. Ordered that the decision is affirmed, without costs.