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MATTER OF DAVIS

192 A.D.2d 1000 (1993)

597 N.Y.S.2d 222

In the Matter of the Claim of Edward L. Davis, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

April 29, 1993

The record evidence supports the Administrative Law Judge's decision that he was without authority to entertain claimant's case because claimant failed to timely request a hearing (see, Matter of Bush [Levine], 53 A.D.2d 768). Claimant admitted that he received the initial determination denying his claim for unemployment insurance benefits "around" the time of its mailing on October 28, 1991. He did not request a hearing until...

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