Appealing Unemployment
Labor Law § 620 — thirty days to request a hearing, twenty days to the appeal board
Thirty days. A claimant dissatisfied with an initial determination, or another affected party, may request a hearing within thirty days after the mailing or personal delivery of the notice.
A late request. The referee may extend the time on evidence that the claimant's physical condition or mental incapacity prevented a timely appeal.
| The decision | The time to appeal it |
|---|---|
| The decisionAn initial determination | The time to appeal itThirty days after mailing or personal delivery, by request for a hearing |
| The decisionA referee's decision | The time to appeal itTwenty days after mailing or personal delivery, by notice of appeal to the appeal board |
| The decisionAn appeal board decision | The time to appeal itThirty days after mailing or personal delivery, on questions of law, to the appellate division, third department |
The referee. A referee holds the hearing and renders a decision within five days after it concludes.
Employers. An employer may appeal a referee's decision to the board only if the employer appeared at the hearing.
What disqualifies a person from benefits is on the unemployment benefits page. A particular claim is a question for the state's unemployment agency, its appeal tribunal, or a licensed New York attorney.
Sources for this section (3)
- Labor Law § 620 — Referees' hearings
- Labor Law § 621 — Appeals to appeal board
- Labor Law § 624 — Appeals to courts
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.