In re the Claim of Levine
Opinion of the Court
Appeals (1) from a decision of the Unemployment Insurance Appeal Board, filed December 31, 1996, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause, and (2) from a decision of said Board, filed February 28, 1997, which, upon reconsideration, adhered to its prior decision.
An initial determination finding claimant eligible to receive unemployment insurance benefits was mailed to the parties on July 11, 1996. The employer requested a hearing to challenge the determination by letter postmarked August 12, 1996 and filed with the local unemployment office on August 15, 1996. The request was granted and, ultimately, the Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving benefits. We reverse. Ordinarily, the 30-day period within which the employer was required to request a hearing pursuant to Labor Law § 620 (2) would have expired on
Mikoll, J. P., Mercure, Crew III, White and Spain, JJ., concur. Ordered that the decisions are reversed, without costs, and matter remitted to the Unemployment Insurance Appeal Board for further proceedings not inconsistent with this Court’s decision.
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