Friday, June 29, 2012

NEW YORK UNEMPLOYMENT INSURANCE - APPEALS TO APPEAL BOARD

Another strict interpretation of the time limit is found in In the Matter of Robert Green, NY Slip Op. 511792 (3rd Dept. September 22, 2011:

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

Robert P. Green, Kenmore, appellant pro se.

Appeal from a decision of the Unemployment Insurance Appeal
Board, filed May 27, 2010, which dismissed claimant's appeal from
a decision of the Administrative Law Judge as untimely.

Claimant was discharged from his position as an imaging
services attendant for insubordination. By decision dated and
filed on March 26, 2010, an Administrative Law Judge (hereinafter
ALJ) determined, among other things, that claimant lost his
employment through disqualifying misconduct. Claimant waited
until April 21, 2010 to appeal this decision. The Unemployment
Insurance Appeal Board declined to consider the appeal because it
was not timely filed, and claimant failed to offer a reasonable
excuse. Claimant now appeals from the Board's decision and we
affirm.

"Labor Law § 621 (1) requires that an appeal to the Board
from an ALJ's decision must be made within 20 days of the date
the decision is mailed or personally delivered . . . and the
statutory time limit is strictly construed" (Matter of Averett
[Commissioner of Labor], 65 AD3d 1436, 1436-1437 [2009] [internal
quotation marks and citation omitted]; see Matter of Page
[Commissioner of Labor], 65 AD3d 722, 722-723 [2009]). Here,
claimant's excuse that he relied on his attorney to appeal the
ALJ's decision does not provide a basis to disturb the Board's
decision dismissing the appeal (see Matter of Harris
[Commissioner of Labor], 45 AD3d 1031, 1032 [2007]).
Consequently, claimant's arguments regarding the underlying
merits of the denial of his application for unemployment
insurance benefits are not properly before us (see id.).
Mercure, J.P., Rose, Malone Jr., Stein and Garry, JJ.,
concur.

ORDERED that the decision is affirmed, without costs."

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