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MATTER OF LIPSMAN

98 A.D.2d 905 (1983)

In the Matter of the Claim of Daniel J. Lipsman, Appellant. Lillian Roberts, as Commissioner of Labor, Respondent

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

December 22, 1983

We note that the amendment to subdivision 4 of section 597 of the Labor Law effective September 5, 1983 (L 1983, ch 415, §§ 9, 26, subd 2), giving the commissioner a right of action to recover benefits paid pursuant to a prior determination or decision which is subsequently reversed, has been interpreted by the commissioner to apply only to benefits paid after September 5, 1983. Accordingly, the commissioner cannot, and...

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