MATTER OF HORAN


296 A.D.2d 734 (2002)

745 N.Y.S.2d 301

In the Matter of the Claim of KATHLEEN HORAN, Appellant. AUGIE MOSCHITTO TRIM & JEWELRY CORPORATION, Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided July 18, 2002.


Claimant was discharged from her employment as an administrative assistant after her employer observed her sleeping at her desk. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits because she lost her employment due to misconduct. Claimant was also charged with a recoverable overpayment of benefits on the ground that she made a willful false statement to obtain benefits when she stated on her application...

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