MATTER OF SAMANIEGO


235 A.D.2d 887 (1997)

652 N.Y.S.2d 1019

In the Matter of the Claim of Kim M. Samaniego, Appellant. Park Personnel, Respondent; John E. Sweeney, as Commissioner of Labor, Respondent

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

January 23, 1997


It is undisputed that claimant failed to comply with the requirements of Labor Law § 620 (1) (a) by requesting an administrative hearing either in person or in writing within 30 days after issuance of the notice of decision by the local unemployment insurance office. There is no evidence that claimant failed to receive the notice or that the delay was caused by her "physical condition or mental incapacity" (Labor Law § 620 [1] [a]). Under these circumstances, the...

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