X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Rhonda Tracy, Queens Village, appellant pro se. Letitia James, Attorney General, New York City (Camille J. Hart of counsel), for respondent. Appeals (1) from a decision of the Unemployment Insurance Appeal Board, filed October 13, 2022, which dismissed claimant’s appeal from a decision of an Administrative Law Judge as untimely, and (2) from a decision of said Board, filed December 20, 2022, which denied claimant’s application for reopening and reconsideration. By decision dated August 18, 2021, an Administrative Law Judge (hereinafter ALJ) ruled that claimant was ineligible to receive unemployment insurance benefits during the period in which she certified for benefits because she was not totally unemployed and charged her with, among other things, a recoverable overpayment of benefits. Claimant appealed the ALJ’s decision by facsimile received on September 27, 2022. The Unemployment Insurance Appeal Board informed claimant that her appeal was untimely but that it would review her request to determine if good cause had been shown for the delay. By decision filed October 13, 2022, the Board dismissed claimant’s appeal, finding that the appeal was not filed within 20 days of the ALJ’s decision and that claimant did not supply any explanation for the delay. The Board denied claimant’s subsequent application for reopening and reconsideration, finding that claimant did not provide any material new evidence or new argument that would affect the Board’s prior decision and that she still did not offer any explanation for the delay in appealing the ALJ’s decision. Claimant appeals from both Board decisions. We affirm. “Labor Law § 621 (1) provides that an appeal to the Board from a decision of an ALJ must be made within 20 days of the mailing or personal delivery of the decision, and this time requirement is strictly construed” (Matter of Chin [Commissioner of Labor], 214 AD3d 1286, 1287 [3d Dept 2023] [internal quotation marks and citations omitted]). Claimant’s appeal was submitted over a year after the ALJ’s decision and she provided no excuse for the delay. As such, we find no reason to disturb the Board’s decision dismissing claimant’s appeal, and the merits of the ALJ’s decision are not properly before us (see Matter of Williams [Commissioner of Labor], 163 AD3d 1389, 1309 [3d Dept 2018]; Matter of Page [Commissioner of Labor], 152 AD3d 857, 857-858 [3d Dept 2017]; Matter of Davis [Commissioner of Labor], 144 AD3d 1307, 1307-1308 [3d Dept 2016]). As claimant raises no arguments in her brief with regard to the Board’s decision denying her request for reopening and reconsideration, she has abandoned any claims with respect to that appeal (see Matter of Ciotoli [Commissioner of Labor], 199 AD3d 1181, 1182 n 2 [3d Dept 2021]). Egan Jr., J.P., Aarons, Pritzker and Reynolds Fitzgerald, JJ., concur. ORDERED that the decisions are affirmed, without costs.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 13, 2024
New York, NY

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.


Learn More
November 14, 2024
New York, NY

Women Leaders in Consulting Awards honors the industry standouts and rising stars who are making a mark within the profession.


Learn More
November 18, 2024 - November 19, 2024
New York, NY

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More

Boutique union side labor law firm seeks an entry level attorney that can thrive in a fast paced practice that is growing at a rapid rate. E...


Apply Now ›

Our client, a highly distinguished regional law firm, is seeking to hire a Capital Markets Associate for their growing office. Candidates s...


Apply Now ›

Carlton Fields is seeking an associate to join our Hartford office with three to five years of construction litigation experience. Excellent...


Apply Now ›