In re the Claim of Mende

Appellate Division of the Supreme Court of New York

In re the Claim of Mende

50 A.D.2d 662, 374 N.Y.S.2d 828, 1975 N.Y. App. Div. LEXIS 12497

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 13, 1975

StatusPublished

Cited by2 cases

This text of 50 A.D.2d 662 (In re the Claim of Mende) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim of Mende, 50 A.D.2d 662, 374 N.Y.S.2d 828, 1975 N.Y. App. Div. LEXIS 12497 (N.Y. Ct. App. 1975).

Pincite

Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 17, 1974, which affirmed a referee’s decision insofar as it sustained revised initial determinations of the Industrial Commissioner withholding benefits from the claimant during the pendency of criminal proceedings following an indictment against him, charging him with an overpayment of $2,325 in benefits ruled to be recoverable and holding that claimant made a false statement to obtain benefits for which a forfeiture of future benefit rights was imposed. Claimant was indicted in California on a felony charge of conspiring to bribe a public official and, therefore, fell within the provisions of subdivision 4 of section 593 of the Labor Law which provides for the withholding of benefits during the pendency of criminal proceedings following an indictment, and further provides that "Any benefits paid to a claimant prior to a determination that the claimant has lost employment as the result of such act shall not be considered to have been accepted by the claimant in good faith.” The other contentions of the claimant present questions of credibility solely within the province of the board, and its resolution of those issues is supported by substantial evidence and should not be disturbed. Decision affirmed, without costs. Herlihy, P. J., Greenblott, Kane, Main and Larkin, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 17, 1974, which affirmed a referee’s decision insofar as it sustained revised initial determinations of the Industrial Commissioner withholding benefits from the claimant during the pendency of criminal proceedings following an indictment against him, charging him with an overpayment of $2,325 in benefits ruled to be recoverable and holding that claimant made a false statement to obtain benefits for which a forfeiture of future benefit rights was imposed. Claimant was indicted in California on a felony charge of conspiring to bribe a public official and, therefore, fell within the provisions of subdivision 4 of section 593 of the Labor Law which provides for the withholding of benefits during the pendency of criminal proceedings following an indictment, and further provides that "Any benefits paid to a claimant prior to a determination that the claimant has lost employment as the result of such act shall not be considered to have been accepted by the claimant in good faith.” The other contentions of the claimant present questions of credibility solely within the province of the board, and its resolution of those issues is supported by substantial evidence and should not be disturbed. Decision affirmed, without costs. Herlihy, P. J., Greenblott, Kane, Main and Larkin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

50 A.D.2d 662, 374 N.Y.S.2d 828, 1975 N.Y. App. Div. LEXIS 12497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-mende-nyappdiv-1975.

Opinion

Related

Cite This Page — Counsel Stack