Tuesday, December 7, 2010


Yesterday, a climant called with another reason for not sending in a request for a hearing within the 30 day period, but as we can see, the court is strict on this issue. Here's another case:

"IN RE WINSTON, 52 A.D.3d 1137, 862 N.Y.S.2d 127 [3d Dept 2008]

Appeal from a decision of the Unemployment Insurance Appeal
Board, filed December 19, 2006, which, among other things,
ruled that claimant was ineligible to receive unemployment
insurance benefits because he was not totally unemployed.

Winston R. Martinez, Lake Wylie, South Carolina, appellant
pro se.

Andrew M. Cuomo, Attorney General, New York City
(Marjorie S. Leff of counsel), for respondent.

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

Claimant filed original claims for benefits effective
August 29, 2004 and September 26, 2005. As to the August 2004
claim, substantial evidence supports the Unemployment Insurance
Appeal Board's finding that claimant's request for a hearing
was untimely. Although the underlying notice of determination
was mailed to claimant on April 13, 2006, he did not request a
hearing until more than three months later — well beyond
the 30-day limit imposed by Labor Law § 620 (1) (a)
(see Matter of Jarrett [Commissioner of Labor],
13 AD3d 965 [2004]). Claimant's proffered excuse for the delay
— that he "had a lot going on" at that time — falls
far short of demonstrating that he suffered from a mental or
physical incapacity that precluded him from requesting a
hearing within the 30-day period (see id.).


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