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April Ryans v. Board of Review

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


May 12, 2011

APRIL RYANS, APPELLANT,
v.
BOARD OF REVIEW, AND AFFILIATED COMPUTER SERVICES, RESPONDENTS.

On appeal from the Board of Review, Agency No. 267,453.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 4, 2011

Before Judges Fisher and Fasciale.

April M. Ryans appeals from a Board of Review order upholding a decision finding her ineligible for unemployment benefits. We affirm.

Affiliated Computer Services (ACS) employed Ryans as a management support analyst. ACS notified Ryans that she would be furloughed for one week starting December 21, 2009. Instead of timely making a claim during her furlough week, Ryans filed for unemployment benefits when she returned to work. Ryans testified that "[s]ome time had passed since the last time I was unemployed and I forgot the procedure [for making a claim]." The Board concluded that Ryans was not unemployed when she filed her claim and was therefore ineligible to receive benefits, pursuant to N.J.A.C. 12:17-4.2(a).

On appeal, Ryans argues she was unfamiliar with the unemployment filing process and that the Board erred by denying her claim. We have carefully reviewed the record and the arguments presented and conclude that the issues presented by Ryans are without sufficient merit to warrant extended discussion in a written opinion. R. 2:11-3(e)(1)(E). We add the following brief comments.

"The effective date of the initial claim establishes the period of time during which wages may be used to determine the monetary eligibility." N.J.A.C. 12:17-4.2(a). Ryans was ineligible for benefits because she was employed when she filed her claim, N.J.S.A. 43:21-19(m)(1)(A), and she failed to demonstrate good cause for filing a late claim. The Board's decision to deny Ryans benefits is supported by substantial, credible evidence, and we discern no basis to disturb it. Affirmed.

20110512

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