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REYNOLDS v. MN. DEPT. OF HUMAN SERVICES

No. A06-1943.

737 N.W.2d 367 (2007)

Gary REYNOLDS, Appellant, v. MINNESOTA DEPARTMENT OF HUMAN SERVICES, Respondent, Dakota County Department of Employment and Economic Assistance, Respondent.

Court of Appeals of Minnesota.

August 21, 2007.

Attorney(s) appearing for the Case

Paul Onkka, Jr., Southern Minnesota Regional Legal Services, Inc., Shakopee, MN, for appellant.

James C. Backstrom, Dakota County Attorney, Suzanne W. Schrader, Assistant County Attorney, Dakota County Judicial Center, MN, for respondent Dakota County Department of Employment and Economic Assistance.

Lori Swanson, Attorney General, Robin C. Vue-Benson, Assistant Attorney General, Saint Paul, MN, for respondent Minnesota Department of Human Services.

Considered and decided by WILLIS, Presiding Judge; TOUSSAINT, Chief Judge; and RANDALL, Judge.

OPINION

RANDALL, Judge.

Appellant challenges the district court's decision that his appeal pursuant to Minn. Stat. § 256.045, subd. 7 (2004), was untimely. Appellant argues that Minn. R. Civ. P. 6.05 should have applied to extend the 30-day time limit for appeal an additional three days because he received notice of the commissioner's decision by mail. We agree, and reverse and remand.

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