MATTER OF CHIAIESE


54 A.D.2d 1013 (1976)

In the Matter of the Claim of Josephine Chiaiese, Respondent. Philip Ross, as Industrial Commissioner, Appellant. In the Matter of the Claim of Bernard Deutsch, Respondent. Philip Ross, as Industrial Commissioner, Appellant

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

November 10, 1976


We are concerned only with a question of law. Claimants obtained Federal supplemental benefits and later were declared ineligible to receive them. Their payments have been held not recoverable by the referees and the board because they were not obtained by willful misrepresentation. The Federal regulations mandate recovery of overpayments under any circumstances. The board, in interpreting these regulations, has determined that they may not be applied in this State because...

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