In the instant action the State seeks to recover a total of $1,255 in unemployment insurance benefits held by the Industrial Commissioner to have been received by respondent by willful misrepresentation while he was ineligible in that he was not totally unemployed. Special Term in granting respondent's motion held that the cause of action was to recover on a "liability and/or penalty of refund" created by section 594 of the Labor Law and...
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