Matter of Hellinger (Onondaga County\MCommissioner of Labor)
2008 NY Slip Op 00406 [47 AD3d 1153]
January 24, 2008
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 12, 2008


In the Matter of the Claim of Patricia M. Hellinger, Appellant. Onondaga County, Respondent; Commissioner of Labor, Respondent.

[*1] Patricia M. Hellinger, Clay, appellant pro se.

John W. Sharon, Syracuse, for Onondaga County, respondent.

Andrew M. Cuomo, Attorney General, New York City (Bessie Bazile of counsel), for Commissioner of Labor, respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 4, 2006, which ruled that claimant's request for a hearing was untimely.

By initial determination mailed February 15, 2006, claimant was, among other things, disqualified from receiving unemployment insurance benefits on the ground that her employment was terminated for misconduct. She requested a hearing on April 24, 2006. The Commissioner of Labor objected to the timeliness of the hearing request and this objection was later sustained by the Unemployment Insurance Appeal Board. Claimant now appeals.

We affirm. Under Labor Law § 620 (1) (a), a request for a hearing must be made within 30 days of the mailing of the initial determination (see Matter of Dada [Commissioner of Labor], 41 AD3d 1079, 1080 [2007]; Matter of Alkovic [Gold Shield Sec. & Investigation, Inc. —Commissioner of Labor], 32 AD3d 1062, 1063 [2006]). Claimant requested a hearing well outside the 30-day time period stated on the initial determination and failed to provide a reasonable excuse for her omission. Therefore, the Board properly found that claimant's request was untimely. [*2]

Cardona, P.J., Mercure, Peters, Spain and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.