MATTER OF BARAGO


207 A.D.2d 930 (1994)

616 N.Y.S.2d 264

In the Matter of the Claim of James J. Barago, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

September 15, 1994


In our view, the evidence in the record concerning the circumstances and timing of claimant's attempt to appeal from an adverse ruling of the Administrative Law Judge supplied a rational basis for the Board's finding of untimeliness. The Board did not exceed its powers by failing to credit claimant's explanation for the delay. In light of the explicit provisions of Labor Law § 621 (1) regarding the timeliness of appeals, we find no reason to disturb the Board's determination...

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