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IN THE MATTER OF SMITH

23 A.D.3d 973 (2005)

804 N.Y.S.2d 462

In the Matter of the Claim of IN SUN SMITH, Appellant. COMMISSIONER OF LABOR, Respondent.

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

November 23, 2005.

Claimant, a sales associate at a department store, was terminated from her position for stealing money from her employer. Although she initially was awarded unemployment insurance benefits, the Unemployment Insurance Appeal Board subsequently disqualified claimant from receiving benefits on the ground that she lost her employment due to misconduct. The Board also charged claimant with a recoverable overpayment of benefits pursuant...

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