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Matter of Aviles

Appellate Division of the Supreme Court of New York, Third Department
Jul 7, 1983
96 A.D.2d 616 (N.Y. App. Div. 1983)

Opinion

July 7, 1983


Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 26, 1982, which ruled that claimant was ineligible to receive benefits. In finding claimant ineligible for benefits, the board reversed that portion of the hearing officer's decision which had modified the Commissioner of Labor's initial determination. The reversal resulted in an overpayment of benefits to claimant which has been ruled by the Department of Labor to be nonrecoverable. Claimant has received the maximum amount of benefits allowable under her claim. A reversal of the board's decision will, therefore, not result in any additional benefits. Claimant's appeal has become academic and should, therefore, be dismissed as moot ( Matter of Leibowitz [ Board of Educ. — Roberts], 89 A.D.2d 637). Appeal dismissed, as moot, without costs. Main, J.P., Mikoll, Yesawich, Jr., Weiss and Levine, JJ., concur.


Summaries of

Matter of Aviles

Appellate Division of the Supreme Court of New York, Third Department
Jul 7, 1983
96 A.D.2d 616 (N.Y. App. Div. 1983)
Case details for

Matter of Aviles

Case Details

Full title:In the Matter of the Claim of NANCY AVILES, Appellant. LILLIAN ROBERTS, as…

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

Date published: Jul 7, 1983

Citations

96 A.D.2d 616 (N.Y. App. Div. 1983)