IN RE: the Claim of Brenda A. PALMER (1998)

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 8, 1997, which ruled that claimant's application for a hearing was untimely.

Claimant received respondent's notice of determination, dated and mailed October 3, 1996, informing her of her ineligibility to receive additional benefits under Labor Law § 599.   Although she spoke to the local office on a number of occasions by telephone in response to the notice, claimant did not request a review hearing before an Administrative Law Judge until March 3, 1997, over four months beyond the 30-day limitations period within which she was required by statute to make such a request (see, Labor Law § 620[1] [a] ).   There is no evidence that this delay was the result of any “physical condition or mental incapacity” on claimant's part (Labor Law § 620[1][a];  see, Matter of Gomez [Sweeney], 219 A.D.2d 767, 631 N.Y.S.2d 196) nor has she offered any other valid excuse for the delay in filing (see, Matter of Ascenzo [Sweeney], 216 A.D.2d 659, 660, 627 N.Y.S.2d 995).   We conclude that the determination of untimeliness by the Unemployment Insurance Appeal Board should not be disturbed (see, Matter of Rounds [Sweeney], 220 A.D.2d 921, 632 N.Y.S.2d 680, lv. denied 87 N.Y.2d 811, 642 N.Y.S.2d 859, 665 N.E.2d 661).

ORDERED that the decision is affirmed, without costs.

MEMORANDUM DECISION.