NEW YORK UNEMPLOYMENT INSURANCE - HEARINGS AND APPEALS - VULGAR LANGUAGE - CASE NO. 5

Based on my initial research, I submitted an application to reopen the default - when submitting such an application, it is suggested that you attach the default decision:

April 13, 2011

VIA FAX– 3 PAGES

UNEMPLOYMENT INSURANCE APPEAL BOARD
400 Oak Street
Garden City, NY 11530

Re: ALJ 011-XXXXX: IN RE: XXXXXX

Gentleman:

I am representing the claimant and on behalf of the claimant, request is made to reopen the attached decision.

The claimant defaulted due to the fact that XXX desired legal counsel. Having reviewed the file, it is clear that the claimant has a meritorious claim. Even assuming all of the allegations of the employer, I have gathered the necessary proof that the claimant’s acts did not constitute misconduct under the standards set by the 3rd Department in IN RE KEARNS, 65 A.D.3d 1416, 885 N.Y.S.2d 775 [3d Dept 2009] and by the Second Circuit Court of Appeals in FOX TELEVISION STATIONS v. F.C.C., 613 F.3d 317 (2nd Cir. 2010).

Accordingly, I request a hearing at the Garden City office at a date and time mutually convenient.

Sincerely,



Jon M. Probstein

cc: XXXXXXXXXXX