MATTER OF O'LEARY


93 A.D.2d 915 (1983)

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

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

April 7, 1983


Claimant contends that the record lacks substantial evidence to support so much of the decision appealed from as ruled recoverable the benefits paid to claimant during various periods between December 29, 1975 and April 12, 1981 and imposed a forfeiture of 400 effective days as a penalty. This ruling was based upon the finding that claimant willfully made false statements or representations to obtain the benefits (Labor Law, § 594). It is undisputed that since 1972 claimant...

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