In re the Claim of Baird
Opinion of the Court
Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 28, 2007, which ruled that claimant’s request for a hearing was untimely.
After quitting her part-time job, claimant was terminated from her full-time job. She applied for unemployment insurance
We affirm. Pursuant to Labor Law § 620 (1) (a), a claimant has 30 days within which to request a hearing after the date of mailing of the initial determination (see Matter of Ricketts [Commissioner of Labor], 47 AD3d 1177 [2008]). In the case at hand, claimant made her request for a hearing well outside the 30-day time period and did not provide a reasonable excuse for her delay (see Matter of McCarthy [Commissioner of Labor], 39 AD3d 993, 993 [2007]; Matter of Palumbos [Commissioner of Labor], 32 AD3d 1060 [2006]). Therefore, we find no reason to disturb the Board’s decision.
Mercure, J.P., Spain, Rose, Malone Jr. and Stein, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.