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Searles v. Board of Review

Superior Court of New Jersey, Appellate Division

July 2, 2013

NATASHA R. SEARLES, Appellant,
v.
BOARD OF REVIEW, DEPARTMENT OF LABOR and ARC GLOUCESTER COUNTY, Respondents.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued December 18, 2012

On appeal from the Board of Review, Department of Labor, Docket No. 147, 751.

Natasha R. Searles, appellant pro se.

George N. Cohen, Deputy Attorney General, argued the cause for respondent Board of Review (Jeffrey S. Chiesa, Attorney General, attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel; Christopher M. Kurek, Deputy Attorney General, on the brief).

Respondent ARC Gloucester County has not filed a brief.

Before Judges Fisher and St. John.

PER CURIAM

Appellant Natasha Searles appeals from a final decision of the Board of Review (Board) dismissing her appeal as untimely, N.J.S.A. 43:21-6(c). Our examination of the record satisfies us that the Board's final decision was properly premised on facts in the record and is consonant with relevant statutory provisions. Accordingly, we affirm.

The record discloses the following facts and procedural history leading to the administrative determination under review.

On March 25, 2007, Searles filed a claim for unemployment compensation benefits. The deputy claims examiner determined that Searles was eligible for benefits. Searles' employer, ARC Gloucester County, filed an appeal with the Appeal Tribunal. A hearing was scheduled on May 15, 2007, but Searles failed to appear. The Appeal Tribunal determined that Searles was disqualified for benefits as of February 11, 2007, because she left work voluntarily without good cause attributable to that work, N.J.S.A. 43:21-5(a). The Appeal Tribunal's decision was mailed to Searles on May 15, 2007. On May 25, 2007, Searles filed an appeal with the Board.

In a June 25, 2007 order the Board remanded the matter to the Appeal Tribunal for rehearing and decision. A hearing was scheduled on July 18, 2007, before the Appeal Tribunal, and Searles, as before, failed to appear. The Appeal Tribunal again determined that Searles was disqualified from benefits as of February 11, 2007, as she left work voluntarily without good cause attributable to the work. The Appeal Tribunal mailed its determination to Searles on July 18, 2007. On October 23, 2010, over three years later, Searles filed an appeal of the Appeal Tribunal's decision with the Board. In an April 13, 2011 order the Board dismissed Searles' appeal determining that the appeal was filed subsequent to the expiration of the statutory ten-day period from the date of the Appeal Tribunal's decision, and that good cause was not shown for such late filing, N.J.S.A. 43:21-6(c). It is from that decision that Searles appeals.

The time for filing an appeal to the Board from a decision by the Appeal Tribunal is prescribed by N.J.S.A. 43:21-6(c), which states in pertinent part:

The parties shall be duly notified of such tribunal's decision, together with its reasons therefor, which shall be deemed to be the final decision of the board of review, unless further appeal is initiated pursuant to subsection (e) of this section within 10 days after the date of notification or mailing of the decision for any decision made on or before December 1, 2010, or within 20 days ...

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