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CASTELLUCCI v. BOARD OF REVIEW

168 N.J. Super. 301 (1979)

402 A.2d 988

DIANA G. CASTELLUCCI, PLAINTIFF-APPELLANT, v. BOARD OF REVIEW, DIVISION OF EMPLOYMENT SECURITY, DEPARTMENT OF LABOR AND INDUSTRY, STATE OF NEW JERSEY, AND XEROX CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 21, 1979.

Attorney(s) appearing for the Case

Mr. V. Richard Ferreri argued the cause for appellant (Messrs. Moss, Thatcher, Moss & McNeill, attorneys).

Mr. Michael R. Clancy, Deputy Attorney General, argued the cause for respondent Board of Review (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. Michael S. Bokar, Deputy Attorney General, of counsel and on the brief).

Mr. John Dolan Harrington argued the cause for respondent Xerox Corporation (Messrs. Winne, Banta, Rizzi & Harrington, attorneys; Mr. Donald A. Klein, on the brief).

Before Judges FRITZ, BISCHOFF and MORGAN.

The opinion of the court was delivered by FRITZ, P.J.A.D.

In this matter in which the appeal is from a determination of the Board of Review (Board), Department of Labor and Industry, affirming a decision of the Appeal Tribunal holding her disqualified for benefits and liable for a refund, claimant's appeal to us was filed more than 45 days after the final decision of the Board. It is out of time. R. 2:4-1(b). No party raises this issue and in this matter, in...

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