MATTER OF LEBRON


72 A.D.2d 886 (1979)

In the Matter of the Claim of Aida R. Lebron, Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

November 21, 1979


In relying on claimant's failure to comply with the 20-day period for taking an appeal as a basis for dismissal (Labor Law, § 621, subd 1), the board has erred, for there is nothing in the present record to indicate when the contested referee's decision was mailed or delivered to her. Absent such proof, the instant decision cannot stand (Matter of Gonzalez [Ross], 47 N.Y.2d 922).

Decision reversed, with costs, and matter...

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