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Stubbolo v. Unemployment Insurance Appeal Board

Supreme Court of Delaware

June 4, 2014

LANCE STUBBOLO, Appellant Below, Appellant,
v.
UNEMPLOYMENT INSURANCE APPEAL BOARD, Appellee Below, Appellee

Submitted: April 18, 2014.

Case Closed June 12, 2014.

Editorial Note:

This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.

Court Below--Superior Court of the State of Delaware in and for Kent County. C.A. No. K13A-02-001.

Before BERGER, JACOBS and RIDGELY, Justices.

OPINION

Jack B. Jacobs, Justice.

ORDER

This 4th day of June 2014, it appears to the Court that:

(1) The appellant, Lance Stubbolo (" Stubbolo" ), filed a claim for unemployment benefits effective August 26, 2012. By order dated January 9, 2013, the Unemployment Insurance Appeal Board (" the Board" ) disqualified Stubbolo from receiving benefits for the week ending September 22, 2012. By order dated August 16, 2013, the Superior Court affirmed the Board's decision. Thereafter, by order dated October 7, 2013, the Superior Court denied Stubbolo's " motion to amend or alter judgment."

(2) On November 6, 2013, Stubbolo filed a notice of appeal from the Superior Court's October 7, 2013 order. Upon consideration of Stubbolo's opening brief and the Superior Court and Board records,[1] we have determined that the Superior Court's judgment should be affirmed on the basis of the October 7, 2013 order. The Superior Court did not err when it denied Stubbolo's " motion to amend or alter judgment" as untimely under Superior Court Civil Rule 59.[2]

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.


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