MATTER OF BARONE

533159.

199 A.D.3d 1112 (2021)

153 N.Y.S.3d 918

2021 NY Slip Op 06022

In the Matter of the Claim of Christina Barone, Appellant. Commissioner of Labor, Respondent.

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

Decided November 4, 2021.


Attorney(s) appearing for the Case

Christina Barone, Island Park, appellant pro se.

Letitia James , Attorney General, New York City ( Bessie Basile , of counsel), for respondent.

Garry, P.J., Egan Jr., Lynch, Clark and Aarons, JJ., concur.


By initial determination mailed on July 1, 2019, the Department of Labor notified claimant that she was ineligible to receive unemployment insurance benefits because she lost her employment due to disqualifying misconduct. Although such notice apprised claimant that she had 30 days in which to request a hearing, claimant did not do so until May 21, 2020. Following a hearing, an Administrative Law Judge overruled the Department's timeliness objection, as well as the initial...

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