In re the Claim of Dudley
Court: Appellate Division of the Supreme Court of the State of New York; February 25, 1998; New York; State Appellate Court
The Unemployment Insurance Appeal Board's decision, dated March 24, 1997, was upheld, confirming that the claimant’s application for a hearing was untimely. The Board found the claimant disqualified from unemployment benefits due to leaving her job for personal, noncompelling reasons. The ruling is supported by substantial evidence, indicating that the claimant’s request for a review hearing did not meet the timeliness requirements set forth in Labor Law § 620(1)(a). The claimant acknowledged receiving the notice of determination and failed to provide convincing evidence of any impediment preventing her from filing a timely request. Additionally, the Board noted that the claimant did not prove any intervening employment that would qualify her for benefits since the initial ruling by the Commissioner. The decision is affirmed without costs, with all judges concurring.