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MATTER OF JIMINEZ

242 A.D.2d 769 (1997)

661 N.Y.S.2d 1008

In the Matter of the Claim of Josue Jiminez, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

September 4, 1997

The Unemployment Insurance Appeal Board's assessment of a $10,500 recoverable overpayment is supported by substantial evidence given an Administrative Law Judge's prior decision finding claimant ineligible to receive unemployment insurance benefits because he was unavailable for work (see, Labor Law § 597 [4]). To the extent that claimant attempts to argue the merits of the prior decision finding him ineligible to receive...

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