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MATTER OF PASCARELLA

59 A.D.3d 835 (2009)

874 N.Y.S.2d 276

In the Matter of the Claim of JAMES J. PASCARELLA, Respondent. NEW YORK STATE THRUWAY AUTHORITY, Appellant; COMMISSIONER OF LABOR, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided February 19, 2009.

By decision dated and mailed August 16, 2007, an Administrative Law Judge (hereinafter ALJ) overruled the initial determination finding, among other things, that claimant was disqualified from receiving unemployment insurance benefits because he had refused a suitable offer of employment, and awarded benefits. During a hearing to determine the timeliness of the employer's September 11, 2007 appeal, the employer's representatives admitted to receiving the ALJ's decision shortly...

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