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MTR SCHWARTFIGURE v. HARTNETT

83 N.Y.2d 296 (1994)

632 N.E.2d 434

610 N.Y.S.2d 125

In the Matter of Patricia Schwartfigure, Appellant, v. Thomas F. Hartnett, as Commissioner of the New York State Department of Labor, Respondent.

Court of Appeals of the State of New York.

Decided March 22, 1994.

Attorney(s) appearing for the Case

Richard Gardner, Canton, for appellant.

G. Oliver Koppell, Attorney-General, Brooklyn (Maryellen Weinberg, Jerry Boone, Peter H. Schiff and Jane Lauer Barker of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH and CIPARICK concur; Judge TITONE taking no part.

LEVINE, J.

In 1988, petitioner was originally found qualified for and began to receive unemployment insurance benefits. The initial determination was overruled by the Unemployment Insurance Appeal Board in December 1989, however, and a notice of determination was sent to petitioner informing her that she was required to repay a total of $2,112 in benefits which had been erroneously overpaid to her. This overpayment...

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