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MATTER OF SMALT

79 A.D.2d 793 (1980)

In the Matter of the Claim of Beverly Smalt, Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

December 23, 1980

Following the filing of claimant's brief, the Attorney-General advised the court by letter that a review of the record indicated that the Industrial Commissioner's appeal of the decision of the Administrative Law Judge was not filed within the time period prescribed by section 621 of the Labor Law. The issue of the timeliness of the appeal was not raised before the board. Accordingly, the court was informed that no brief would be filed on behalf of the Industrial Commissioner...

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