IN THE MATTER OF BAPTISTA


20 A.D.3d 829 (2005)

798 N.Y.S.2d 793

In the Matter of the Claim of THOMAS A. BAPTISTA, Appellant. COMMISSIONER OF LABOR, Respondent.

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

July 28, 2005.


Claimant filed a claim for unemployment insurance benefits, effective February 4, 2002, and received benefits from February 17, 2002 through July 28, 2002 totaling $8,349. It was later discovered that, during this same time period, claimant worked as an assistant building superintendent. As a result, he was deemed ineligible to receive benefits on the basis that he was not totally unemployed. He was also charged with a recoverable overpayment of benefits and his right to...

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