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Lauren E. Kuehl v. Board of Review

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


January 7, 2011

LAUREN E. KUEHL, APPELLANT,
v.
BOARD OF REVIEW, DEPARTMENT OF LABOR AND HORTICULTURE PLANT SERVICES, INC., RESPONDENTS.

On appeal from the Board of Review, Department of Labor, Docket No. 222,362.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 27, 2010 - Decided

Before Judges Fuentes and Nugent.

Respondent Horticulture Plant Services, Inc. has not filed a brief.

Petitioner Lauren E. Kuehl appeals from the decision of the Board of Review dismissing her application to appeal the decision of the Appeals Tribunal denying her emergency unemployment benefits. The Board found that petitioner failed to file the appeal application within ten days of May 25, 2009, the date of the Appeals Tribunal's decision. We affirm.

Pursuant to N.J.S.A. 43:21-6(c), the decision of the Appeals Tribunal is deemed to be the final decision of the Board unless the claimant appeals within ten days "after the date of notification or mailing" of the Appeals Tribunal's decision.

This timeframe can be relaxed by the Board if the claimant shows "good cause" for the delay.

Good cause exists in circumstances where it is shown that:

1. The delay in filing the appeal was due to circumstances beyond the control of the appellant; or

2. The appellant delayed filing the appeal for circumstances which could not have been reasonably foreseen or prevented.

[N.J.A.C. 12:20-4.1(h).]

Petitioner does not address this threshold issue in her pro se brief filed in support of her appeal to this court. It is thus uncontested, based on the record before us, that petitioner did not file a timely appeal to the Board seeking a review of the May 25, 2008 decision of the Appeals Tribunal finding her disqualified from receiving emergency unemployment benefits.

Petitioner has also failed to present any evidence in support of relaxing or extending the ten-day deadline established under N.J.S.A. 43:21-6(c).

In this light, we affirm the decision of the Board because it is "supported by sufficient credible evidence on the record as whole." R. 2:11-3(e)(1)(D).

Affirmed.

20110107

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