Opinion
June 24, 1993
Appeal from the Unemployment Insurance Appeal Board.
The decision of the Administrative Law Judge disqualifying claimant from receiving unemployment insurance benefits was filed and mailed to claimant on April 1, 1992. Although claimant admits that she received the decision within two weeks of her March 26, 1992 hearing before the Administrative Law Judge, she failed to file an appeal to the Unemployment Insurance Appeal Board until July 16, 1992. Because the record clearly establishes that claimant's appeal to the Board was not filed within the 20-day time period mandated by Labor Law § 621 (1), the Board properly dismissed her appeal as untimely (see, Matter of Kulawiak [Ross], 82 A.D.2d 1014; Matter of Gavin [Levine], 52 A.D.2d 1006). Accordingly, the merits of claimant's appeal are not properly before this Court.
Weiss, P.J., Mikoll, Yesawich Jr. and Mercure, JJ., concur. Ordered that the decision is affirmed, without costs.