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MATTER OF MOSES

31 A.D.2d 772 (1969)

In the Matter of the Claim of Sarah Moses et al., Respondents. Bullard Orchards, Inc., Appellant; Martin P. Catherwood, as Industrial Commissioner, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 13, 1969

MEMORANDUM BY THE COURT.

Appellant does not dispute the board's finding that notice of the Referee's decision was mailed on December 5, 1967 and that notice of appeal therefrom was filed more than 20 days thereafter, on December 28, 1967, but urges that the time to appeal was extended by CPLR 2103 (subd. [b], par. 2). In view of the explicit provisions of the statute regulating appeals in these administrative proceedings (Labor Law, § 621, subd. 1) the "three...

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