MATTER OF WASHINGTON


279 A.D.2d 693 (2001)

717 N.Y.S.2d 787

In the Matter of the Claim of JAMES E. WASHINGTON, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided January 4, 2001.


Following his separation from employment under nondisqualifying circumstances, claimant collected unemployment insurance benefits from August 1998 to February 1999. The Unemployment Insurance Appeal Board subsequently determined that claimant was ineligible to receive benefits on the basis that he was not totally unemployed, inasmuch as he received compensation for teaching classes at a health club during the relevant time period. The Board then charged claimant with an overpayment...

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