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Matter of Shaw (Comissioner of Labor)

Citation: 2021 NY Slip Op 05056Docket: 532218

Court: Appellate Division of the Supreme Court of the State of New York; September 23, 2021; New York; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Shanna Shaw filed an appeal against the Commissioner of Labor regarding the denial of her application to reopen and reconsider a prior decision made by the Unemployment Insurance Appeal Board (UIAB) on December 23, 2019. The initial determination found Shaw ineligible for unemployment insurance benefits during a specified period. After a hearing, an Administrative Law Judge (ALJ) upheld this determination, and Shaw's subsequent appeal to the UIAB was dismissed as untimely. In her appeal, Shaw did not present arguments against the denial of her application to reopen or reconsider. The court reviewed the record and found no abuse of discretion by the UIAB in denying her application. Consequently, the court concluded that it could not address the merits of the ALJ's decision regarding her benefits eligibility since Shaw's appeal focused solely on the denial of her reopening application. The court affirmed the UIAB's decision, with no costs awarded.

Legal Issues Addressed

Scope of Judicial Review on Administrative Decisions

Application: The court limited its review to the denial of the application to reopen, as Shaw failed to present arguments against this decision.

Reasoning: The court concluded that it could not address the merits of the ALJ's decision regarding her benefits eligibility since Shaw's appeal focused solely on the denial of her reopening application.

Standard of Review for Denial of Reopening Applications

Application: The court examined whether the UIAB abused its discretion in denying Shaw's application to reopen and found no such abuse, thus affirming the UIAB's decision.

Reasoning: The court reviewed the record and found no abuse of discretion by the UIAB in denying her application.

Timeliness of Appeal

Application: The court assessed the timeliness of Shaw's appeal and determined it was dismissed appropriately for being untimely.

Reasoning: Shaw's subsequent appeal to the UIAB was dismissed as untimely.