Tuesday, July 3, 2012


See also Matter of Uwaezuoke, 2008 NY Slip Op 09882, 57 AD3d 1193 (3rd Dept. 2008):

"Labor Law § 621 (1) provides 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 to the claimant. This statutory time period is strictly construed (see Matter of Moorer [Commissioner of Labor], 40 AD3d 1335 [2007]). In the case at hand, the ALJ's decision was mailed on August 10, 2007.[FN*] Notably, the decision contained a proviso specifically advising [*2]claimant that an appeal to the Board had to be taken within 20 days, which claimant admittedly read. Claimant's appeal letter is dated September 1, 2007 and was postmarked on September 17, 2007, 38 days after the mailing of the ALJ's decision. Inasmuch as claimant failed to offer a reasonable excuse for her failure to file her appeal within the 20-day time period, we find no reason to disturb the Board's decision dismissing the appeal as untimely (see Matter of Lampkin [Commissioner of Labor], 29 AD3d 1248, 1249 [2006]; Matter of Trinidad [Commissioner of Labor], 21 AD3d 1208, 1209 [2005]).

Cardona, P.J., Spain, Rose, Kane and Kavanagh, JJ., concur. Ordered that the decision is affirmed, without costs.


Footnote *: Although claimant initially testified that she did not receive the ALJ's decision until the end of September 2007, she later admitted that she did not know exactly when she received it, but that it was probably in August 2007. Claimant's equivocal testimony is insufficient to refute the notation on the decision that it was mailed on August 10, 2007."

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