Tuesday, July 24, 2012

NEW YORK UNEMPLOYMENT INSURANCE - APPEALS TO APPEAL BOARD

On Instruction 2:

"(2) The appeal board usually decides appeals without a new hearing. It relies on evidence taken at the administrative law judge hearing and the written arguments of the parties on appeal....."

In my experience, as discussed earlier, the only hearing I had with the appeal board dealt with the issue of whether the employer timely filed a notice of appeal and that hearing was held by telephone conference.

However, in my statement of appeal, I always set forth the following in my preliminary statement:

"On behalf of the claimant, I also request a hearing pursuant to section 463.3 of the Appeal Board rules."

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