Monday, December 6, 2010

UNEMPLOYMENT INSURANCE - HEARING AND APPEAL - REQUEST FOR HEARING

And another leading case on the issue:

"IN RE BAIRD, 54 A.D.3d 466, 862 N.Y.S.2d 415 [3d Dept 2008]

Appeal from a decision of the Unemployment Insurance
Appeal Board, filed August 28, 2007, which ruled that
claimant's request for a hearing was untimely.

Laurie G. Baird, Albany, appellant pro se.

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

Before: Mercure, J.P., Spain, Rose, Malone Jr. and Stein,
JJ.

After quitting her part-time job, claimant was terminated
from her full-time job. She applied for unemployment insurance
Page 467
benefits and, on October 17, 2006, the Department of Labor
mailed an initial determination denying her claim. The reverse
side of the initial determination advised claimant that a
request for a hearing had to be made within 30 days of the date
it was mailed. Claimant, however, did not request a hearing
until April 6, 2007. The Commissioner of Labor objected to the
timeliness of the hearing, which was ultimately sustained by
the Unemployment Insurance Appeal Board. Claimant appeals.

We affirm. Pursuant to Labor Law § 620 (1) (a), a claimant
has 30 days within which to request a hearing after the date of
mailing of the initial determination (see Matter of Ricketts
[Commissioner of Labor], 47 AD3d 1177 [2008]). In the case
at hand, claimant made her request for a hearing well outside
the 30-day time period and did not provide a reasonable excuse
for her delay (see Matter of McCarthy [Commissioner of
Labor], 39 AD3d 993, 993 [2007]; Matter of Palumbos
[Commissioner of Labor], 32 AD3d 1060 [2006]). Therefore,
we find no reason to disturb the Board's decision.

Ordered that the decision is affirmed, without costs."

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