MATTER OF BOBIAN


13 A.D.3d 712 (2004)

785 N.Y.S.2d 355

In the Matter of the Claim of LAWRENCE B. BOBIAN, Appellant. SOUND SHORE MEDICAL CENTER OF WESTCHESTER, Respondent; COMMISSIONER OF LABOR, Respondent.

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

December 2, 2004.


By initial determination dated November 18, 2003, claimant was disqualified from receiving unemployment insurance benefits because he lost his employment due to disqualifying misconduct. Claimant admitted receiving the determination shortly after it was mailed, but his request for a hearing was not received until December 31, 2003, which is beyond the 30-day limitations period (see Labor Law § 620 [1]). Although claimant failed to include sufficient postage on...

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