IN THE MATTER OF DIAZ


6 A.D.3d 1024 (2004)

775 N.Y.S.2d 607

In the Matter of the Claim of EDWIN F. DIAZ, Appellant. COMMISSIONER OF LABOR, Respondent.

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

April 29, 2004.


After losing his job as a restaurant worker, claimant was disqualified from receiving unemployment insurance benefits because he was terminated due to misconduct. Notices of determination to such effect were mailed to him on June 19, 2001. He admitted receiving such notices, both in English and in Spanish, a few days after they were mailed. He did not, however, request a hearing until October 2001 at the earliest. Upon finding claimant's request for a hearing untimely, the...

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