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MATTER OF CLEMENTE

27 A.D.2d 676 (1967)

In the Matter of the Claim of Josephine Clemente, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

January 5, 1967

REYNOLDS, J.

"Section 594 does not require a criminal intent or proof sufficient to support larceny" (Matter of Bernstein [Corsi], 278 App. Div. 625, affd. 303 N.Y. 755). Furthermore, "Whether the necessary `element of scienter and knowledge of falsity or wrongfulness' is present in a given case is a question of fact and therefore is for the board to determine." (Matter of Soroka [Catherwood],

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