MATTER OF FIERRO

509523

80 A.D.3d 944 (2011)

915 N.Y.S.2d 692

In the Matter of the Claim of FRANCISCO M. FIERRO, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided January 13, 2011.


LATHINEN, J.

The Commissioner of Labor determined that claimant received a recoverable overpayment of unemployment insurance benefits in the amount of $13,804 (see Labor Law § 597 [4]). The facts underlying the overpayment resulted in a criminal charge, and claimant pleaded guilty to grand larceny in the fourth degree. He was sentenced to probation and Ordered to pay monthly restitution of $426. In April 2008, while still owing $7,890 in restitution, claimant...

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