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MTR. OF SOTO (CATHERWOOD)

35 A.D.2d 395 (1970)

In the Matter of the Claim of Carmen G. Soto, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

December 29, 1970.

Attorney(s) appearing for the Case

Stephen L. Kass (Barbara A. Lee of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Frederick M. Paola, Samuel A. Hirshowitz and Samuel Stern of counsel), for respondent.

HERLIHY, P. J., REYNOLDS, GREENBLOTT and SWEENEY, JJ., concur.

COOKE, J.

This is an appeal by claimant from a decision of the Unemployment Insurance Appeal Board, filed June 23, 1970, which sustained a determination that the Commissioner could set off the amount of a previous overpayment against benefits concededly due under a current claim.

The facts are not in dispute. In 1950 and 1951, after filing for unemployment insurance benefits and certifying that she lost employment because of a layoff, claimant...

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