MATTER OF PELLI


35 A.D.3d 930 (2006)

825 N.Y.S.2d 315

In the Matter of the Claim of RUSSELL J. PELLI, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided December 7, 2006.


On March 26, 2003, the Department of Labor issued initial determinations denying claimant's application for unemployment insurance benefits, however, he did not request a hearing until September 20, 2004. The Commissioner of Labor objected on the ground that the hearing was not requested in a timely manner in accordance with Labor Law § 620 (1) (a). In response, claimant asserted that he was not mentally capable of filing an appeal within the 30-day time period. Following...

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