Matter of Goods (Commissioner of Labor)

Summary

The Appellate Division, Third Department affirmed the Unemployment Insurance Appeal Board's denial of claimant Ajia Goods's application to reopen and reconsider an earlier decision dismissing her appeal as untimely. The court held that claimant abandoned arguments concerning reopening and, in any event, failed to show an abuse of discretion or explain the delay in seeking reopening.

Holdings

1. The Board acted within its sound discretion in denying claimant's application to reopen and reconsider because the application was belated and claimant offered no explanation for the delay.
2. The underlying merits were not properly before the court because the application to reopen and reconsider was not made within the 30-day period during which the original determination could have been appealed.

Questions Presented

1. Whether the Unemployment Insurance Appeal Board abused its discretion by denying claimant's belated application to reopen and reconsider its prior decision.
2. Whether claimant's challenges to the underlying determinations concerning benefit ineligibility and recoverable overpayments were properly before the Appellate Division.

Disposition

affirmed