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MATTER OF MILES

210 A.D.2d 714 (1994)

621 N.Y.S.2d 942

In the Matter of the Claim of Jo-El K. Miles, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

December 15, 1994

There is substantial evidence in the record to support the Board's determination that claimant did not request a hearing until after the 30-day statutory time period had expired. Significantly, claimant admitted receiving the applicable notice of determination and presented no convincing evidence that she was prevented from filing a timely request. Under the circumstances, the conclusion that her request was untimely was in all...

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