MATTER OF McCARTHY


39 A.D.3d 993 (2007)

835 N.Y.S.2d 462

In the Matter of the Claim of TARA A. McCARTHY, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided April 12, 2007.


After an initial determination found claimant to be eligible for unemployment insurance benefits, the employer requested a hearing. When the employer failed to appear at the hearing, the Administrative Law Judge issued a default decision sustaining the initial determination. The employer applied to reopen the default and a telephone conference hearing was conducted. Claimant did not answer her phone in order to participate in the hearing, following which the Administrative...

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