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MATTER OF TODINO

59 A.D.2d 638 (1977)

In the Matter of the Claim of Fiorello Todino, Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

September 29, 1977

Since the record contains substantial evidence to support the finding that claimant was not totally unemployed during the period in issue, there can be no question but what the claimant was overpaid benefits during that period amounting to $3,230. The recovery of these benefits as well as the forfeiture of effective days, however, depend upon a further finding that he made willful misrepresentations to obtain benefits (Matter...

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