MATTER OF OBANDO


212 A.D.2d 928 (1995)

623 N.Y.S.2d 177

In the Matter of the Claim of Allen C. Obando, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

February 16, 1995


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. Contrary to claimant's contention, there is an evidentiary basis for the Board's finding that claimant's physical disability did not preclude him from filing a timely request. We have considered claimant's other arguments and find them to be without merit.

Ordered that the decision is affirmed...

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