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Matter of Gianna

Appellate Division of the Supreme Court of New York, Third Department
May 7, 1998
250 A.D.2d 921 (N.Y. App. Div. 1998)

Opinion

May 7, 1998

Appeal from the Unemployment Insurance Appeal Board.


After claimant left his employment as a maintenance worker for a car rental company, he received 26 weeks of regular unemployment insurance benefits and another 21 weeks of additional benefits. The Unemployment Insurance Appeal Board ultimately ruled that claimant was disqualified from receiving benefits because he voluntarily left his employment without good cause. The Board remitted the matter for a hearing to determine whether claimant had received a recoverable overpayment of $225 in regular benefits and $10,350 in additional benefits. The Board ruled that these amounts were recoverable, adhered to this position upon reconsideration and thereafter denied claimants further requests for reopening and reconsideration. We affirm. Notably, claimant did not appeal from the decision concluding that he was not entitled to collect benefits. Thus, although it was not contended that claimant submitted false information, he nevertheless received benefits which were properly deemed to be recoverable pursuant to Labor Law § 597 Lab. (4) ( see, Matter of Strauch [Hudacs], 193 A.D.2d 1044). Finally, we do not find that the Board abused its discretion in rejecting claimants application to reopen the Board's prior decision ( see, Matter of McWilliams [Hudacs], 200 A.D.2d 844).

Cardona, P. J., White, Peters, Carpinello and Graffeo, JJ., concur.

Ordered that the decisions are affirmed, without costs.


Summaries of

Matter of Gianna

Appellate Division of the Supreme Court of New York, Third Department
May 7, 1998
250 A.D.2d 921 (N.Y. App. Div. 1998)
Case details for

Matter of Gianna

Case Details

Full title:In the Matter of the Claim of JASON R. GIANNA, Appellant. COMMISSIONER OF…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 7, 1998

Citations

250 A.D.2d 921 (N.Y. App. Div. 1998)
672 N.Y.S.2d 507

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