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MATTER OF STERN

52 A.D.2d 651 (1976)

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

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

April 1, 1976

The board could properly find on a factual basis on the instant record that claimant in indicating "Lack of Work" as the reason for his separation from employment had made a willful misrepresentation (e.g. Matter of Schatzberg [Catherwood], 32 A.D.2d 710). This was clearly not the reason for termination, and the board cannot be said to have been required as the finder of fact to accept claimant...

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