In re the Claim of Politis, 96 A.D.3d 1340 (N.Y. App. Div. 2012). · Go Syfert
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In re the Claim of Politis, 96 A.D.3d 1340 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
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cited 4× by 4 distinct cases, 2013–2014 · …labor law 621 (1) requires that an appeal to the board from an alj's decision must be made within 20 days of the date the decision is mailed or personally delivered . . . and the statutory time limit is strictly construed ✓
26 citation events (26 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2013 → 2026 · click a year to view as-of
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Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Guadagnolo v. DiNapoli
N.Y. App. Div. · 2015 · confidence medium
Although the parties debate whether both the December 2005 and February 2008 incidents should be considered and, further, whether such incidents constitute accidents within the meaning of Retirement and Social Security Law § 363, these issues need not detain us, as petitioner is not entitled to either accidental disability retirement benefits (see Matter of Anderson v DiNapoli, 126 AD3d 1278, 1279 [2015]; Matter of Occhino v DiNapoli, 117 AD3d 1156, 1156 [2014]; Matter of Cooke v DiNapoli, 96 AD3d 1340, 1341 [2012]; Matter of Capraro v DiNapoli, 91 AD3d 1020, 1021 [2012]) or performance of du…
discussed Cited as authority (rule) MatterofWeldonvDiNapoli
N.Y. App. Div. · 2014 · confidence medium
Accordingly, respondent's determination is supported by substantial evidence and will not be disturbed (see Matter of Weaver v DiNapoli, 108 AD3d at 975 ; Matter of Cooke v DiNapoli, 96 AD3d 1340, 1341 [2012]). 1 Although petitioner testified that the Workers' Compensation Board and Social Security Administration had found him to be permanently incapacitated, such determinations are not binding upon respondent (see Matter of Zuckerberg v New York State Comptroller, 46 AD3d 1057, 1059 [2007], lv denied 10 NY3d 712 [2008]). -3- 518081 Garry, Rose, Egan Jr. and Clark, JJ., concur.
discussed Cited as authority (rule) Weldon v. DiNapoli
N.Y. App. Div. · 2014 · confidence medium
Accordingly, respondent’s determination is supported by substantial evidence and will not be disturbed (see Matter of Weaver v DiNapoli, 108 AD3d at 975 ; Matter of Cooke v DiNapoli, 96 AD3d 1340, 1341 [2012]).
discussed Cited as authority (rule) Weldon v. DiNapoli
N.Y. App. Div. · 2014 · confidence medium
Accordingly, respondent’s determination is supported by substantial evidence and will not be disturbed (see Matter of Weaver v DiNapoli, 108 AD3d at 975 ; Matter of Cooke v DiNapoli, 96 AD3d 1340, 1341 [2012]).
discussed Cited as authority (rule) Bennett v. DiNapoli
N.Y. App. Div. · 2014 · confidence medium
Initially, while respondent is entrusted with the authority to resolve credibility issues (see Matter of Messina v New York State & Local Employees’ Retirement Sys., 102 AD3d 1068 , 1069 [2013], lv denied 21 NY3d 855 [2013]; Matter of Cooke v DiNapoli, 96 AD3d 1340, 1341 [2012]), we disagree with the determination here that petitioner offered no evidence that he stepped in the liquid.
discussed Cited as authority (rule) MatterofBennettvDiNapoli
N.Y. App. Div. · 2014 · confidence medium
Initially, while respondent is entrusted with the authority to resolve credibility issues (see Matter of Messina v New York State & Local Employees' Retirement Sys., 102 AD3d 1068 , 1069 [2013], lv denied 21 NY3d 855 [2013]; Matter of Cooke v DiNapoli, 96 AD3d 1340, 1341 [2012]), we disagree with the determination here that petitioner offered no evidence that he stepped in the liquid.
discussed Cited as authority (rule) Bennett v. DiNapoli
N.Y. App. Div. · 2014 · confidence medium
Initially, while respondent is entrusted with the authority to resolve credibility issues (see Matter of Messina v New York State & Local Employees’ Retirement Sys., 102 AD3d 1068 , 1069 [2013], lv denied 21 NY3d 855 [2013]; Matter of Cooke v DiNapoli, 96 AD3d 1340, 1341 [2012]), we disagree with the determination here that petitioner offered no evidence that he stepped in the liquid.
discussed Cited as authority (rule) Occhino v. DiNapoli
N.Y. App. Div. · 2014 · confidence medium
As an applicant for accidental disability retirement benefits, petitioner bore the burden of establishing that he was permanently incapacitated from performing his duties as a police officer (see Matter of Cantelmo v New York State Comptroller, 105 AD3d 1306, 1307 [2013]; Matter of Cooke v DiNapoli, 96 AD3d 1340, 1341 [2012]).
discussed Cited as authority (rule) Occhino v. DiNapoli
N.Y. App. Div. · 2014 · confidence medium
As an applicant for accidental disability retirement benefits, petitioner bore the burden of establishing that he was permanently incapacitated from performing his duties as a police officer (see Matter of Cantelmo v New York State Comptroller, 105 AD3d 1306, 1307 [2013]; Matter of Cooke v DiNapoli, 96 AD3d 1340, 1341 [2012]).
discussed Cited as authority (rule) In re Area Emporium LLC
N.Y. App. Div. · 2014 · confidence medium
Consequently, the merits of the case are not properly before us and we find no reason to disturb the Board’s dismissal of the appeal (see Matter of Cunto [Commissioner of Labor], 109 AD3d at 1077; Matter of Politis [Commissioner of Labor], 96 AD3d at 1340).
discussed Cited as authority (rule) In re Area Emporium LLC
N.Y. App. Div. · 2014 · confidence medium
Consequently, the merits of the case are not properly before us and we find no reason to disturb the Board’s dismissal of the appeal (see Matter of Cunto [Commissioner of Labor], 109 AD3d at 1077; Matter of Politis [Commissioner of Labor], 96 AD3d at 1340).
discussed Cited as authority (rule) Ferguson v. DiNapoli
N.Y. App. Div. · 2014 · confidence medium
Finally, the record does not reflect that petitioner is permanently incapacitated from the performance of his job duties as the result of a back injury sustained in incidents identified by him (see Matter of Cooke v DiNapoli, 96 AD3d 1340, 1341 [2012]).
discussed Cited as authority (rule) Ferguson v. DiNapoli
N.Y. App. Div. · 2014 · confidence medium
Finally, the record does not reflect that petitioner is permanently incapacitated from the performance of his job duties as the result of a back injury sustained in incidents identified by him (see Matter of Cooke v DiNapoli, 96 AD3d 1340, 1341 [2012]).
discussed Cited as authority (rule) In re the Claim of Cunto
N.Y. App. Div. · 2013 · confidence medium
However, given the untimely appeal, these issues are not properly before us and, therefore, we find no basis to disturb the Board’s ruling dismissing claimant’s appeal (see Matter of Politis [Commissioner of Labor], 96 AD3d at 1340).
discussed Cited as authority (rule) In re the Claim of Cunto
N.Y. App. Div. · 2013 · confidence medium
However, given the untimely appeal, these issues are not properly before us and, therefore, we find no basis to disturb the Board’s ruling dismissing claimant’s appeal (see Matter of Politis [Commissioner of Labor], 96 AD3d at 1340).
discussed Cited as authority (rule) Weaver v. DiNapoli
N.Y. App. Div. · 2013 · confidence medium
In light of Pastore’s opinion, and inasmuch as petitioner did not present a definitive medical opinion that he was permanently incapacitated from performing his job duties, the Comptroller’s determination is supported by substantial evidence and will not be disturbed (see Matter of Cooke v DiNapoli, 96 AD3d 1340,1341 [2012]; Matter of Capraro v DiNapoli, 91 AD3d 1020, 1021 [2012]).
discussed Cited as authority (rule) Weaver v. DiNapoli
N.Y. App. Div. · 2013 · confidence medium
In light of Pastore’s opinion, and inasmuch as petitioner did not present a definitive medical opinion that he was permanently incapacitated from performing his job duties, the Comptroller’s determination is supported by substantial evidence and will not be disturbed (see Matter of Cooke v DiNapoli, 96 AD3d 1340,1341 [2012]; Matter of Capraro v DiNapoli, 91 AD3d 1020, 1021 [2012]).
Retrieving the full opinion text from the archive…
In the Matter of the Claim of Antonia Politis, Commissioner of Labor
Appellate Division of the Supreme Court of the State of New York.
Jun 28, 2012.
96 A.D.3d 1340
Published

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 30, 2011, as amended by decision filed April 14, 2011, which dismissed claimant’s appeal from a decision of the Administrative Law Judge as untimely.

Claimant was discharged from her employment at a day spa, applied for unemployment insurance benefits and was originally determined to be eligible for benefits. After claimant failed to appear at the hearing requested by the employer, a default decision was entered overruling the initial determination of eligibility. Claimant’s motion to reopen the claim was denied in a decision filed January 6, 2010. Claimant thereafter waited until November 8, 2010 to appeal the ALJ’s decision. The Unemployment Insurance Appeal Board declined to consider the appeal because it was not timely filed and claimant failed to offer a reasonable excuse. Claimant now appeals and we affirm.

“Labor Law § 621 (1) requires that an appeal to the Board from an ALJ’s decision must be made within 20 days of the date the decision is mailed or personally delivered . . . and the statutory time limit is strictly construed” (Matter of Green [Commissioner of Labor], 87 AD3d 1222, 1222 [2011] [internal quotation marks and citations omitted]; see Matter of Page [Commissioner of Labor], 65 AD3d 722, 722-723 [2009]). Here, claimant failed to offer any excuse for her untimely appeal, and her arguments regarding the underlying merits of the denial of her application for unemployment insurance benefits are not properly before us (see Matter of Page [Commissioner of Labor], 65 AD3d at 723; Matter of Harris [Commissioner of Labor], 45 AD3d 1031, 1032 [2007]). Thus, the Board’s dismissal of claimant’s appeal must be affirmed (see Matter of Harris [Commissioner of Labor], 45 AD3d at 1032).

Mercure, J.P., Lahtinen, Malone Jr., Stein and Garry, JJ., concur. Ordered that the decision is affirmed, without costs.