Matter of Harris (Commissioner of Labor)

Decided and Entered: November 8, 2007
502482
______
In the Matter of the Claim of ANNIE L. HARRIS, Appellant.
COMMISSIONER OF LABOR, Respondent.
_
Calendar D.....

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Decided and Entered: November 8, 2007 502482 ________________________________ In the Matter of the Claim of ANNIE L. HARRIS, Appellant. COMMISSIONER OF LABOR, Respondent. ___________________________ Calendar Date: September 26, 2007 Before: Cardona, P.J., Crew III, Carpinello, Rose and Lahtinen, JJ. __________ Annie L. Harris, Syracuse, appellant pro se. Andrew M. Cuomo, Attorney General, New York City (Bessie Bazile of counsel), for respondent. __________ Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 12, 2007, which dismissed claimant’s appeal from a decision of an Administrative Law Judge as untimely. By decision filed and mailed September 28, 2006, an Administrative Law Judge sustained the Commissioner of Labor’s initial determination that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct. Although claimant received the decision approximately one week thereafter, she did not submit a request for an appeal until on or about December 1, 2006.1 The Unemployment Insurance Appeal Board dismissed the appeal as untimely. Claimant now appeals. We affirm. Notwithstanding claimant’s proffered excuse that she relied upon her attorney to appeal the Administrative Law Judge’s decision, we conclude that the Board properly dismissed the appeal as untimely inasmuch as claimant failed to comply with the strict 20-day time period set forth in Labor Law § 621 (1) (see Matter of Burrey [Commissioner of Labor], 8 AD3d 871, 872 [2004]; Matter of Hy [Commissioner of Labor], 278 AD2d 781, 782 [2000]). Accordingly, claimant’s arguments regarding the underlying merits of the denial of her application for unemployment insurance benefits are not appropriately before this Court (see Matter of Whyte [Commissioner of Labor], 305 AD2d 923, 923 [2003]). Cardona, P.J., Crew III, Carpinello, Rose and Lahtinen, JJ., concur. ORDERED that the decision is affirmed, without costs.

Matter of Harris (Commissioner of Labor)

Decided and Entered: November 8, 2007 502482 ________________________________ In the Matter of the Claim of ANNIE L. HARRIS, Appellant. COMMISSIONER OF LABOR, Respondent. ___________________________ Calendar D.....

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Decided and Entered: November 8, 2007
502482
______
In the Matter of the Claim of ANNIE L. HARRIS, Appellant.
COMMISSIONER OF LABOR, Respondent.
_
Calendar D.....