IN RE: the Claim of Francisco SOLER

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Supreme Court, Appellate Division, Third Department, New York.

IN RE: the Claim of Francisco SOLER, Appellant. Commissioner of Labor, Respondent.

Decided: July 22, 1999

Before:  CARDONA, P.J., MIKOLL, MERCURE, CARPINELLO and GRAFFEO, JJ. Francisco Soler, Ridgewood, appellant in person. Eliot Spitzer, Attorney-General (Bessie Bazile of counsel), New York City, for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 30, 1998, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

By initial determination dated November 5, 1997, claimant was found to be disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause and was charged with a recoverable overpayment and loss of benefits days.   Claimant admitted receiving the determination shortly after it was mailed and, upon speaking with the local office in Puerto Rico, was informed that he had 30 days in which to request an administrative hearing.   Inasmuch as claimant failed to advance a reasonable excuse for his delay, the Unemployment Insurance Appeal Board's decision finding that claimant's request for a hearing, dated April 22, 1998, was untimely is supported by substantial evidence and must be upheld (see, Matter of McGee [Commissioner of Labor], 256 A.D.2d 710, 681 N.Y.S.2d 131, lv. denied 93 N.Y.2d 803, 688 N.Y.S.2d 493, 710 N.E.2d 1092).

ORDERED that the decision is affirmed, without costs.

MEMORANDUM DECISION.

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