MATTER OF MARDER (CATHERWOOD)


16 A.D.2d 303 (1962)

In the Matter of Joseph M. Marder, Appellant. Martin P. Catherwood, as Industrial Commissioner of The State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 9, 1962.


Attorney(s) appearing for the Case

Samuel S. Ress for appellant.

Louis J. Lefkowitz, Attorney-General (Harold F. Lee and Samuel Stern of counsel), for respondent.

BERGAN, P. J., COON, GIBSON and REYNOLDS, JJ., concur.


HERLIHY, J.

Claimant appeals from a decision of the Unemployment Insurance Appeal Board which determined he was not eligible to receive or retain benefits and directed that the benefits received be paid back because he made a wilful false statement to obtain such benefits.

The facts are not in dispute. The claimant and one Brown, in 1952, organized a partnership for the purpose of operating and conducting a bungalow colony. Thereafter, in 1956...

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