Appellate Division of the Supreme Court of New York, 1998

In re the Claim of Stock

In re the Claim of Stock
Appellate Division of the Supreme Court of New York · Decided April 9, 1998
249 A.D.2d 662; 670 N.Y.S.2d 810; 1998 N.Y. App. Div. LEXIS 3870
In re the Claim of Stock

Opinion of the Court

—Appeals (1) from a decision of the Unemployment Insurance Appeal Board, filed June 6, 1997, which dismissed claimant’s appeal from a decision of an Administrative Law Judge as untimely, and (2) from a decision of said board, filed July 7, 1997, which charged claimant with a recoverable overpayment of benefits.

By decision filed November 5, 1996, an Administrative Law Judge ruled that claimant voluntarily left her employment as a secretary without good cause when, anticipating that her position would be terminated, she accepted the employer’s offer of an early retirement incentive package. Subsequently, claimant was assessed a recoverable overpayment. Inasmuch as claimant failed to file an appeal from the November 5, 1996 decision until January 5, 1997, well beyond the 20-day statutory time limit (see, Labor Law § 621 [1]), we find no reason to disturb the decision of the Unemployment Insurance Appeal Board dismissing claimant’s appeal as untimely (see, Matter of Mulheron [Sweeney], 240 AD2d 809). Consequently, claimant’s attempt to challenge the merits of the November 5, 1996 decision is not properly before this Court (see, Matter of Jiminez [Sweeney], 242 AD2d 769, lv denied 91 NY2d 803). Furthermore, substantial evidence supports the Board’s subsequent assessment of a recoverable overpayment given the November *6635, 1996 decision disqualifying claimant from receiving unemployment insurance benefits (see, id.; see also, Labor Law § 597 [4]).

Cardona, P. J., Mikoll, Yesawich Jr., Peters and Spain, JJ., concur. Ordered that the decisions are affirmed, without costs.

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