Appellate Division of the Supreme Court of New York, 1990

In re the Claim of Laboy

In re the Claim of Laboy
Appellate Division of the Supreme Court of New York · Decided May 17, 1990
161 A.D.2d 910; 558 N.Y.S.2d 852; 1990 N.Y. App. Div. LEXIS 5770
In re the Claim of Laboy

Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 21, 1989.

*911The Unemployment Insurance Appeal Board’s finding that the employer failed to make a timely request for a hearing has a rational basis and must be sustained. The employer’s admitted receipt of a document entitled "Notice of Determination that Claimant is Eligible” was sufficient to put her on notice that claimant had been ruled eligible for benefits. There is nothing in the body of the notice to suggest that any determination had been made other than that referred to in the title.

Decision affirmed, without costs. Mahoney, P. J., Casey, Weiss, Yesawich, Jr., and Levine, JJ., concur.

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