Friday, July 13, 2012

NEW YORK UNEMPLOYMENT INSURANCE - APPEALS TO APPEAL BOARD

This is my standard form Notice of Appeal:

"July XX, 2012

VIA MAIL & FAX – 5 PAGES

UNEMPLOYMENT INSURANCE APPEAL BOARD
PO BOX 15126
ALBANY, NY 12212-5126

Re: ALJ 012-XXXX IN RE XXXXX

Gentleman:

I am representing the claimant.

On behalf of the claimant, the claimant appeals, pursuant to section 621, subdivision 1 of the law, the attached decision by filing this notice of appeal at the designated local office, or at any office of the administrative law judge section, or at the office of the appeal board, within 20 days after the mailing or personal delivery of the administrative law judge decision.

On behalf of the claimant, I also request that the Appeal Board pursuant to Labor Law § 534 and section 463.6 of the Appeal Board rules reopen and reconsider the decision and to reconsider the issues in the case raised by a re-review of the file in accordance with the Stipulation and Order in Municipal Labor Comm. v Sitkin (US Dist Ct, SD NY, Dec. 19, 1997, Carter, J., 79 Civ.5899) and in the interests of justice.

I also request that, if the Appeals Board deems this insufficient, I be given additional time to submit additional documentation.

I also request a hearing pursuant to section 463.3 of the Appeal Board rules.

The reasons for the appeal are:

1. The decision is erroneous as a matter of law.

2. The decision is not supported by substantial evidence.

3. Conflicting evidence between the various witnesses presents credibility issues falling within the exclusive province of the Board, which is not obligated to adopt the Administrative Law Judge's contrary determination.


Sincerely,




Jon M. Probstein

Attachment: Adverse Decision

cc: Employer and employer attorney/representative"

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