NEW YORK UNEMPLOYMENT INSURANCE - HEARINGS AND APPEALS - MISCONDUCT OR SEPARATION RE: VACATIONS - CASE NO. 8 & 9

After receiving the retainer, I made my application to reopen. For this case, I decided not to cite any case law, etc. but made a simple statement:

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

Re: ALJ XXXX IN RE: XX
Gentleman:

I am representing the claimant. On behalf of the claimant, the claimant hereby applies to reopen the attached decision.

The claimant defaulted due to the fact XX desired an attorney. XX advises me XX never received a copy of the default decision attached. After contacting me in September, I began to investigate XX claim and discovered that the claimant has a meritorious claim. It appears that the Claimant did not engage in any misconduct.

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

Sincerely,


Jon M. Probstein"