Appellate Division of the Supreme Court of New York, 1975

In re the Claim of Fleischman

In re the Claim of Fleischman
Appellate Division of the Supreme Court of New York · Decided December 18, 1975
50 A.D.2d 1007; 376 N.Y.S.2d 241; 1975 N.Y. App. Div. LEXIS 11988
In re the Claim of Fleischman

Opinion of the Court

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 18, 1975, which dismissed claimant’s appejal from the decision of a referee sustaining the initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits effective March 17, 1975 because he was not -available for employment. The record plainly establishes that claimant failed to file a notice of appeal from the decision of a referee within the 20-day period limited by statute (Labor Law, § 621, subd 1) and the board properly dismissed his appeal therefrom as untimely (Matter of Murphy [Catherwood], 32 AD2d 593). Decision affirmed, without costs. Greenblott, J. P., Sweeney, Kane, Koreman and Main, JJ., concur.

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