MATTER OF BAL


307 A.D.2d 584 (2003)

762 N.Y.S.2d 176

In the Matter of the Claim of JOHN BAL, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided July 17, 2003.


Claimant's unemployment insurance benefit rate was calculated pursuant to Labor Law § 590 (5) by dividing the remuneration paid him during the highest quarter of his base period by one-twenty-sixth, rounded down to the lowest dollar. The record is clear that claimant sought recomputation of his unemployment rate using the average weekly wage computations contained in Labor Law § 590 (12). Such a request for recomputation, however, must be made "within ten days of...

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