MATTER OF DENNY


233 A.D.2d 733 (1996)

650 N.Y.S.2d 1013

In the Matter of the Claim of Leslie C. Denny, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

November 21, 1996


While collecting unemployment insurance benefits, claimant solicited business from former clients in an attempt to gain employment with his former employer's competitor. The Board determined that claimant was not totally unemployed for 10 days during the time period he was receiving benefits (modifying the Administrative Law Judge's finding of 16 days) and charged him with a recoverable overpayment.

On appeal, claimant does not seriously dispute that he was

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