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In re the Claim of Papa

49 A.D.2d 783 Court N.Y. App. Div. Decision date 1975-09-18 English

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p. 783
In the Matter of the Claim of Michelina Papa, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board which a decision of a referee that he was without jurisdiction to rule on an initial determination of the Industrial Commissioner because claimant did not make a timely request for a hearing. There is no question that claimant’s request for a hearing came well after the 30-day period prescribed by section 620 (subd [1], par [a]) of the Labor Law. Accordingly, the board’s decision of lack of jurisdiction was clearly proper (e.g., Matter of Merkson [Catherwood], 24 AD2d 675 ). Decision affirmed, without costs. Herlihy, P. J., Kane, Main, Larkin and Reynolds, JJ., concur.