MATTER OF ROSEN


50 A.D.2d 621 (1975)

In the Matter of the Claim of A. Arthur Rosen, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

November 6, 1975


The overpayment arises from a prior board decision filed January 25, 1974, reversing a referee's decision allowing claimant benefits which claimant had received. Since claimant took no appeal from the prior adverse board decision, we cannot consider the contentions he now raises. The decision of the board holding the benefits paid prior to the reversal by the board of the referee's decision to be recoverable must, therefore, be affirmed (Labor Law, § 598, subd 2).

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