IN THE MATTER OF HOTALING


8 A.D.3d 766 (2004)

779 N.Y.S.2d 590

In the Matter of the Claim JAMES W. HOTALING, Appellant. COMMISSIONER OF LABOR, Respondent.

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

June 10, 2004.


Initially, although the Unemployment Insurance Appeal Board rescinded the decision of October 3, 2002 on November 17, 2003 and there is no notice of appeal from the November 2003 decision, that decision is reviewable by this Court on the pending appeal. The November 17, 2003 decision is substantially the same as the October 3, 2002 decision and remains adverse to claimant (see Matter of Mauskoff [Bon Temps Agency—Ross], 79 A.D.2d 790

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