In re the Claim of Lau-Li
Opinion of the Court
—Appeals (1) from a decision of the Unemployment Insurance Appeal Board, filed February 24, 1999, which dismissed claimant’s appeal from a decision of an Administrative Law Judge as untimely, and (2) from a decision of said Board, filed May 14, 1999, which, upon reconsideration, adhered to its prior decision.
By decision dated and mailed December 7, 1998, an Administrative Law Judge ruled, inter alla, that claimant was disqualified from receiving unemployment insurance benefits because
Subsequently, claimant applied to the Board for a reopening and reconsideration of this decision and a notice of hearing was sent to claimant scheduling a second timeliness hearing. Claimant notified the Board that she would not be appearing at the second hearing because she did not want to confront her employer. Upon claimant’s failure to appear, the Board issued a decision filed May 14, 1999 adhering to its prior decision dismissing claimant’s appeal as untimely.
We affirm. Given the evidence in the record and claimant’s failure to appear for the scheduled hearings before the Board, we find no reason to disturb the Board’s decisions dismissing claimant’s appeal as untimely (see, Matter of Foley [Commissioner of Labor], 252 AD2d 712). Consequently, claimant’s arguments relating to the underlying merits of the denial of her application for unemployment insurance benefits are not properly before this Court for its consideration (see, Matter of Stock [Commissioner of Labor], 249 AD2d 662).
Mercure, J. P., Peters, Spain, Carpinello and Mugglin, JJ., concur. Ordered that the decisions are affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.