Summary
This Appellate Division, Third Department decision reviews an appeal from the Unemployment Insurance Appeal Board regarding the timeliness of a claimant's request for a hearing on an initial determination denying unemployment benefits. Applying Labor Law § 620(1)(a) and relevant regulations, the court holds that statutory time limits for requesting a hearing are strictly construed and require a request within 30 days of mailing or delivery. Because the claimant filed her hearing request months after the deadline without demonstrating physical or mental incapacity, the court affirms the Board's finding that the request was untimely.
Topics
Practice areas
Questions Presented
- Whether the claimant’s request for a hearing was timely under Labor Law § 620(1)(a) and 12 NYCRR 461.1.
Holdings
- The request was untimely; the Board’s finding is affirmed.
Key quotations
“Labor Law § 620 (1) (a) provides that a claimant who is dissatisfied with an initial determination issued by the Department must request a hearing within 30 days of the date of mailing or personal delivery of the determination, unless he or she is prevented from doing so by physical or mental incapacity.”
“Absent proof to the contrary, an initial determination of the [Department] shall be deemed to have been mailed on the date recited on the initial determination and received by a party to whom it is addressed no later than five business days after the date on which it is mailed.”
“The statutory time limits are strictly construed.”
Factual background
Wendy Harte filed for unemployment insurance benefits for periods in 2019 and 2021. The Department of Labor mailed an initial determination on February 2, 2022 stating she was ineligible because she failed to register. The determination required a hearing request within 30 days. Harte did not request a hearing until June 10, 2022, and only opened the mailed determination in April 2022. She offered no proof of physical or mental incapacity.
Procedural history
The claimant filed for unemployment benefits. The Department of Labor issued an initial determination on February 2, 2022 stating ineligibility. The claimant failed to request a hearing within 30 days; an ALJ found the request untimely, and the Unemployment Insurance Appeal Board affirmed. The appellant now seeks review of that determination.