Search Rutgers Law Library N.J. Court Opinions

1 JENNIFER ISRAEL v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 1000

... filing of the appeal was excused for good cause, see N.J.S.A. 43:21-6(b)(1), but concluding that no disqualification arose under N ... APPEAL WAS FILED LATE WITH GOOD CAUSE IN ACCORDANCE WITH N.J.S.A. 43:21-6(B)(1), AS THE RECORD CONTAINED INSUFFICIENT EVIDENCE TO SUPPORT ... 43:21-5(c) (limiting disqualification period to four weeks). N.J.S.A. 43:21-6(b)(1) prescribes time frames for filing a timely appeal. Under N.J.S.A. 43:21-6(b)(1), an employer's appeal from an initial determination ...

docket:	a2768-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-22
status:	Unpublished
citation:
Document Size:	27556

2 LAURA CASTAGNA v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 968

... refund determination because petitioner had not filed it timely under N.J.S.A. 43:21-6(b)(1) and had not shown good cause for her ... appeal of the Director's refund determination. The version of N.J.S.A. 43:21-6(b)(1) in effect when petitioner submitted her appeal provided ... within [ten] calendar days after such notification was mailed.' See N.J.S.A. 43:21-6(b)(1) (2017) (amended July 2023).2 The Director's request for the 2 N.J.S.A. 43:21-6 and -16 were amended after the Board issued its decision. See L. 2022, c. 120. Among other things, N.J.S.A. 43:21-6 was amended to increase the time for filing an appeal ...

docket:	a2835-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-18
status:	Unpublished
citation:
Document Size:	28111

3 /usr/local/share/www/libweb/collections/courts/appellate/a1940-21.opn.html -- rank: 944

... Tribunal's November 12, 2020 decision. The Board then explained N.J.S.A. 43:21-6(c) requires the filing of an appeal from an Appeal ... arbitrary, capricious, or unreasonable.' Ibid. As recognized by the Board, N.J.S.A. 43:21-6(c) provides that an Appeal Tribunal's decision 'shall be ... board of review, unless further appeal is initiated pursuant to [N.J.S.A. 43:21-6(e)] . . . within [twenty] days after the date of notification or ... The appellant delayed filing the appeal for circumstances which 5 N.J.S.A. 43:21-6(e) permits appeals to the Board by interested parties and ... appeal from the Appeal Tribunal's decision was untimely under N.J.S.A. 43:21-6(c), and Debe makes no showing of good cause for ... appeal from the Appeal Tribunal's decision is untimely under N.J.S.A. 43:21-6(c), and Debe failed to establish good cause for ...

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court:
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Document Size:	18206

4 ZOE HARRIS-HOHNE v. BOARD OF REVIEW DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT, -- rank: 941

... appeal, finding petitioner had not timely filed it pursuant to N.J.S.A. 43:21-6(b)(1) and had not established good cause for its ... 14, 2021, but found that appeal was not timely under N.J.S.A. 43:21-6(b)(1). It also found petitioner had not demonstrated good ... Appeal Tribunal 'properly dismissed' her appeal as untimely pursuant to N.J.S.A. 43:21-6(b)(1). Petitioner appeals from the Board's decision, arguing ... in finding untimely petitioner's initial appeal. The version of N.J.S.A. 43:21-6(b)(1) in effect when petitioner submitted her appeal provided ... after such notification was mailed.' A-3121-21 8 See N.J.S.A. 43:21-6(b)(1) (2017) (amended July 2023). 1 The notices were ... which could not have been reasonably foreseen or prevented.' 1 N.J.S.A. 43:21-6 and -16 were amended after the Board issued its ...

docket:	a3121-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-23
status:	Unpublished
citation:
Document Size:	20957

5 CLAUDETTE PARKER v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 875

... was not filed within the strict time frame prescribed by N.J.S.A. 43:21-6(c). We affirm. We discern the following facts from the ... the Board dismissed Parker's appeal as untimely, pursuant to N.J.S.A. 43:21- -6(c), finding no showing of good cause 'for such late ... T.B., 207 N.J. 294, 302 (2011)). Pursuant to N.J.S.A. 43:21-6(c), a decision by the Tribunal 'shall be deemed to ... of the [Board], unless further appeal is initiated pursuant to [N.J.S.A. 43:21-6(e)] . . . within [twenty] days after the date of notification or ... was not filed within the time limit set forth in N.J.S.A. 43:21-6(c), and Parker failed to demonstrate good cause for the ...

docket:	a2463-21
court:	NJ Superior Court Appellate Division
decided:	2023-09-18
status:	Unpublished
citation:
Document Size:	15314

6 ELAINE EMERY v. BOARD OF REVIEW DEPARTMENT OF LABOR CHERRY HILL TOWNSHIP BOARD OF EDUCATION -- rank: 858

... 2022, the Board dismissed the appeal as untimely, pursuant to N.J.S.A. 43:21-6(c), finding no showing of good cause for such late ... Inc., 234 N.J. at 158 (citation omitted). Pursuant to N.J.S.A. 43:21-6(c), a decision by the Tribunal 'shall be deemed to ... of the [Board], unless further appeal is initiated pursuant to [N.J.S.A. 43:21-6(e)] . . . within [twenty] days after the date of A-1909 ... was not filed within the time limit set forth in N.J.S.A. 43:21-6(c) and because appellant failed to demonstrate good cause for ... a substitute for her statutory obligation of timely filing under N.J.S.A. 43:21-6(c). Affirmed. A-1909-21 6 This archive is a ...

docket:	a1909-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-02
status:	Unpublished
citation:
Document Size:	11870

7 COMMITTEE ON OPINION JAMES CONSTRUCTION COMPANY, INC. Plaintiff v. DIRECTOR, DIVISION OF TAXATION et al. -- rank: 840

... or intent is the failure of the Legislature to amend N.J.S.A. 43:21-6(h) and -14(e) to change "judicial review" to "Tax ... it chose not to amend the "judicial review" wording in N.J.S.A. 43:21-6(h) and -14(e). Also, of significance is the fact ...

docket:	05268-98
court:
decided:	1999-06-22
status:
citation:	18 N.J. Tax 224
Document Size:	111955

8 NORTH JERSEY MEDIA GROUP, INC v. BOARD OF REVIEW and MARCELA ARRUBLA -- rank: 826

... rules and procedures to which trial courts are bound. See N.J.S.A. 43:21-6(f). The auditor's testimony also appears to have been ...

docket:	a4493-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-07-18
status:	Published
citation:
Document Size:	27489

9 FANG LIU v. BOARD OF REVIEW DEPARTMENT OF LABOR, and VINTAGE PHARMACEUTICALS LLC -- rank: 826

... Tribunal that are not appealed become decisions of the Board. . . . N.J.S.A. 43:21-6(c). Consequently, the appeal tribunals are creatures of the Board ... last employer in order to determine eligibility under the UCL. N.J.S.A. 43:21-6(b)(1). If an employer fails to respond, the Division ...

docket:	a5896-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-10
status:	Unpublished
citation:
Document Size:	23214

10 ERIC E. BELL v. BOARD OF REVIEW and LABOR READY NORTHEAST, INC -- rank: 826

... did not appeal the redetermination within the time prescribed by N.J.S.A. 43:21-6(b)(1).1 In January 2016, claimant suffered a heart ... Enterprises, LLC/Burger King, and was terminated from that 1 N.J.S.A. 43:21-6(b)(1) provides in pertinent part: Unless the claimant . . . within ... the appeal tribunal dismissed claimant's appeal as untimely under N.J.S.A. 43:21-6(b)(1), and for failure to establish good cause for ... behalf of Labor Ready. The appeal tribunal again 2 See N.J.S.A. 43.21-6(c) (requiring an appeal to the Board to be filed ... Despite the rigid language of the deadlines set forth in N.J.S.A. 43:21- - 6(b)(1), our case law provides for exceptions to the ...

docket:	a1127-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-28
status:	Unpublished
citation:
Document Size:	18441

11 LAURAJ. FREDA v. BOARD OF REVIEW DEPARTMENT OF LABOR AND ATHENIA MASON SUPPLY INC -- rank: 809

... notice that the Board hereby exercises its authority pursuant to N.J.S.A. 43:21-6(e) to take jurisdiction over any and all issues arising ... of the [Board], unless further appeal is initiated pursuant to [ N.J.S.A. 43:21- 6(e)].' N.J.S.A. 43:21-6(c). Freda filed a timely appeal. N.J.S.A. 43:21-6(e) provides: The [Board] may on its own motion affirm ... 1951), where we said: The Board had the power under [N.J.S.A.] 43:21-6(e), which it exercised in the present case, to assume ...

docket:	a5106-15
court:	NJ Superior Court Appellate Division
decided:	2018-02-26
status:	unpublished
citation:
Document Size:	29859

12 WARREN M. JENTIS v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 806

... cannot review an agency decision until it has become final. N.J.S.A. 43:21-6(h). Thus, an appellant must exhaust administrative remedies prior to ...

docket:	a0732-12
court:	NJ Superior Court Appellate Division
decided:	2017-01-30
status:	unpublished
citation:
Document Size:	20317

13 JESSICA WILEMAN v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 799

... Appeal Tribunal dismissed the appeal as untimely filed pursuant to N.J.S.A. 43:21-6(b)(1), which requires a claimant to file an appeal ... not establish "good cause" for relaxing the statutory restrictions in N.J.S.A. 43:21-6(b)(1). The Appeal Tribunal also, as authorized by N ... In Rivera , a migrant farm worker challenged the provisions in N.J.S.A. 43-21-6(d) which deemed a notice "received" by the claimant if ... final. [ Id. at 580.] Citing the clear statutory mandate in N.J.S.A. 43-21-6(d) 1 , which requires notices to be sent to the ... cause" to warrant the relaxation of the time restrictions in N.J.S.A. 43:21-6(b)(1). Affirmed. 1 The provisions in N.J.S.A. 43-21-6(d) mirror in all material respects the provisions in ...

docket:	a0322-12
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	24061

14 ATUL PATEL v. BOARD OF REVIEW, DEPARTMENT OF LABOR -- rank: 799

... 26, 2016, because the appeal was not timely filed under N.J.S.A. 43:21-6(b)(1). Having reviewed the record in light of the ... evidence about the reasons claimant filed his appeal beyond the N.J.S.A. 43:21-6(b)(1) deadline. In its decision, the Appeal Tribunal found ... days of [his] receipt of the determination,' as required under N.J.S.A. 43:21-6(b)(1), and claimant failed to demonstrate good cause for ... Board determined the appeal was properly dismissed as untimely under N.J.S.A. 43:21- 6(b)(1) and claimant failed to establish good cause for ... 2017, well beyond the deadlines for filing an appeal. See N.J.S.A. 43:21-6(b)(1); N.J.A.C. 12:20-3.1 ... of appeals to the appeal tribunals, as set forth at N.J.S.A. 43:21-6 . . . .'). The regulations, however, require that appeals filed A-5127- ...

docket:	a5127-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-28
status:	Unpublished
citation:
Document Size:	24288

15 DANIELLE DURANTE v. BOARD OF REVIEW DEPARTMENT OF LABOR and STATE OF NEW JERSEY DEPARTMENT OF JUDICIARY OCEAN COUNTY - -- rank: 799

... appeal was not filed in a timely manner pursuant to N.J.S.A. 43:21-6(c). We affirm. I. Durante filed a claim for unemployment ... notification or mailing of the Tribunal's decision pursuant to N.J.S.A. 43:21-6(c). The Board further determined Durante failed to show good ... counters the appeal was properly dismissed as untimely pursuant to N.J.S.A. 43:21-6(c). The Board contends Durante's appeal had to be ... for appealing an adverse Tribunal decision is set forth in N.J.S.A. 43:21-6(c). In relevant part, subsection (c) provides the Tribunal's ... of the [Board], unless further appeal is initiated pursuant to [N.J.S.A. 43:21-6(e)] . . . within [twenty] days after the date of . . . mailing of ...

docket:	a2366-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-20
status:	Unpublished
citation:
Document Size:	12054