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MATTER OF TOBAR

308 A.D.2d 651 (2003)

764 N.Y.S.2d 373

In the Matter of the Claim of VICTOR TOBAR, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided September 18, 2003.

By initial determination dated and mailed October 24, 2000, claimant was found ineligible to receive unemployment insurance benefits because he was not totally unemployed. Claimant admitted that he received the determination shortly thereafter and read the instructions on the reverse side of the notice of determination indicating that he had 30 days in which to request a hearing. Claimant failed to request a hearing until January 2002. Claimant attempted to excuse his delay...

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