IN RE: the Claim of Louis RUGGIERO (1998)

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 9, 1996, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was hired as a cashier/wire service operator at a branch office of the employer, a large banking and brokerage firm.   Determining that he had been less than straightforward in his job application, the employer fired him.   The Unemployment Insurance Appeal Board subsequently ruled that claimant had lost his employment under disqualifying circumstances.

Because claimant's appeal is untimely, we will not consider the merits.   Labor Law § 624 provides that an appeal from a decision of the Board must be filed within 30 days.   Claimant's notice of appeal from the Board's decision of August 9, 1996 was not filed until June 25, 1997, well after the 30-day limitations period had expired (see, Matter of DeSiato [Ross], 74 A.D.2d 988, 426 N.Y.S.2d 180).

Accordingly, the appeal is dismissed as untimely.

ORDERED that the appeal is dismissed, as untimely, without costs.

SPAIN, Justice.

MERCURE, J.P., and WHITE, PETERS and GRAFFEO, JJ., concur.