MATTER OF CARTER


77 A.D.2d 732 (1980)

In the Matter of the Claim of Paul M. Carter, Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

July 24, 1980


The claimant was disqualified from benefits upon an initial determination that he was either not totally unemployed or "not available". The determination was expressly based upon the following assertion: "You were actively engaged in activities as a golf professional while collecting benefits." The initial determination further demanded repayment of $2,201 because he received such money by a willful misrepresentation on each reporting date, stating: "You falsely certified...

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