IN THE SUPERIOR COURT OF TH E STATE OF DELAWARE

IN AND FOR NEW CASTLE COUNTY

ALONZO W. WEB B, )

) Appellant, )

) v. ) C. A. No. 03A-09-002-JEB

) WILMINGT ON TRUST CO ., and ) UNEMPLOYMENT INSURA NCE ) APPEAL BOARD, )

) Appellee. )

Submitted: May 5, 2004

Decided: July 30 , 2004

Appeal from a Deci sion of the Unemploy ment Insurance Appe al Board.

Affirmed.

OPINIO N Appearances : Alonzo W. Webb, Pro Se, 115 Elliot t Street, Ne wark, Delaw are 19713.

Michael P. Stafford, Esquire, Wi lmington, Delaware.

Attorney for Wilmington Tr ust Company.

Mary Page Bailey, Esquire, Wilmington, Delaware. Attorney for Une mployment Insurance Appe al Board.

JOHN E. BABIARZ, JR. , JUDGE

1

Ridings v. Unemployment Ins. Appeal Bd. , 407 A.2d 238, 239 (Del. Super. Ct. 1979).

2

Breeding v. Contractors-One-Inc. , 549 A.2d 1102, 1104 (Del. 1998).

3

D EL . C ODE A NN . tit. 29, $ 10142(d) (2003).

2

This is the Court's decision regarding Claimant Alonzo Webb's appeal from a decision of the Unemploy ment Insurance Appeal Board (" Board"). For the reasons explained below, t he Board's decis ion is affirme d.

FACTS Claimant was terminated fr om his position wit h Employer Wilmington T rust for allegedly viola ti ng a rule regarding the a cceptance of cash for security transactions. Claimant sought unemploym ent benefits but his petition was denied by

both a claims deputy and an a ppeals refe ree. Claimant's appeal to the Board was denied becau se it w as fil ed aft er the refer ee's d ecisi on be came final. Claimant appealed the denial to this Court.

STANDARD OF REVIEW In reviewing a decis ion of the Board, the C ourt's role is to determine whether the Board 's fi ndings are supported by substantial evidence and are free from legal error.

1

Substantial evidenc e is evid ence tha t a reasonable person might accept as

adequate to support a conclusion.

2

The Court me rely determ ines i f the e vidence is

legally adequat e to support the Board 's findings.

3

4

Record of UIAB Proceedings at 19.

5

D EL . C ODE A NN . tit. 19, $ 3318(c) (1995).

6

D EL . C ODE A NN . tit. 19, $ 3320 (1995).

3

DISCUSSION The Referee's decision was sent to Claimant's address of record and provided instructions on appeal procedure s. The decision states on its face that the "last day to file an appeal [is] 07-07-2003."

4

The record is clear that Claimant filed his appeal

on July 8, 2003. The law is equally clear. A referee' s decision "shall be deemed to be final unless within 10 days after the date of notificatio n or mailing of su ch decision further appeal is initiated pursuan t to $ 3320 of this title."

5

The Board found the

appeal to be late and also fo und that Claiman t offered no reaso n for the Board to exercise its statuto ry discre tion to hear late app eals.

6

Both these findings are

supported by substa ntial evidence and r eflect no abuse of di scretion.

4

CONCLUSION For the re aso ns stated above, the Board's denial of Claimant's petition for review is Affirmed.

It Is So ORDERED.



Judge John E. Babiarz, Jr.

JEB,jr/ram/bjw Origin al to Pr othon otary