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MATTER OF SPENCER

244 A.D.2d 838 (1997)

666 N.Y.S.2d 252

In the Matter of the Claim of Barbara A. Spencer, Respondent. Bank of Smithtown, Appellant; John E. Sweeney, as Commissioner of Labor, Respondent

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

November 26, 1997

Cardona, P. J.

Claimant was employed as a senior vice-president and chief auditor when the employer bank granted her a personal loan of $45,000 based upon her representation that she needed it to discharge a money judgment. Although claimant concedes that she cited the money judgment as the reason for the loan, the loan application filled out by claimant and her husband stated that the loan was for personal reasons and did not specify how the funds were...

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