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MATTER OF TRINCERE

235 A.D.2d 904 (1997)

652 N.Y.S.2d 1016

In the Matter of the Claim of Richard Trincere, Appellant. 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

Claimant filed an application to reopen a decision rendered by an Administrative Law Judge in September 1986. The Unemployment Insurance Appeal Board denied claimant's application, rejecting claimant's explanations for the delay and finding that claimant did not exercise due diligence in pursuing his application to reopen. Whether to grant an application to reopen lies within the discretion of the Board and absent a showing that the Board abused its discretion, such decisions...

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