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In re the Claim of Diamond

50 A.D.2d 648 Court N.Y. App. Div. Decision date 1975-11-13 English

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p. 648
In the Matter of the Claim of Stanley Diamond, Appellant. Louis L. Levine, as Industrial Commissioner Respondent.

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 23, 1974, which adopted and affirmed a referee’s decision which held that the claimant had failed to timely seek review of the Industrial Commissioner’s initial determination. Pursuant to subdivision 1 of section 620 of the Labor Law, a claimant has a period of 30 days to seek review of an adverse initial determination from the time when it was duly mailed to him. The claimant herein did not request a hearing for a year after such an initial mailing. It has been held that a failure to timely request a hearing jurisdictionally precludes a review of an initial determination (Matter of Mack [Cather-wood], 28 AD2d 1020 ; Matter of Perez [Catherwood], 24 AD2d 776 ; Matter of Merkson [Catherwood], 24 AD2d 675 ). The present record does not disclose that notice by mailing is constitutionally defective. Decision affirmed, without costs. Herlihy, P. J., Greenblott, Kane, Main and Larkin, JJ., concur.

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