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MATTER OF BELLAMY

34 A.D.3d 891 (2006)

823 N.Y.S.2d 584

In the Matter of the Claim of KENNETH L. BELLAMY, Appellant. NEW YORK CITY BOARD OF EDUCATION, Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided November 2, 2006.

Claimant was terminated from his job as a teacher and received his last paycheck on August 31, 2001. He filed a claim for unemployment insurance benefits effective September 1, 2003. A hearing before an Administrative Law Judge (hereinafter ALJ) was conducted in January 2004 at which claimant elected not to proceed without legal counsel. The ALJ rendered a default decision against claimant, but granted him leave to apply to reopen provided his failure to proceed was diligently...

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