In re the Claim of Spiegler

Appellate Division of the Supreme Court of New York

In re the Claim of Spiegler

51 A.D.3d 1349, 857 N.Y.S.2d 514

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

DecidedMay 29, 2008

StatusPublished

This text of 51 A.D.3d 1349 (In re the Claim of Spiegler) 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 Spiegler, 51 A.D.3d 1349, 857 N.Y.S.2d 514 (N.Y. Ct. App. 2008).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 3, 2007, which, among other things, charged claimant with a recoverable overpayment of unemployment insurance benefits.

The sole issue presented by claimant on this appeal is whether she was properly charged by the Unemployment Insurance Appeal Board with a recoverable overpayment of unemployment insurance benefits. The record reveals that claimant, a registered nurse who failed a certain competency exam, was previously determined to have voluntarily left her employment without good cause because her employment ended after she declined to pursue an opportunity for a transfer to a position in which she would not be required to pass the exam. Inasmuch as claimant reported on her ensuing application for benefits that she had been fired, substantial evidence supports the Board’s finding of a recoverable overpayment, notwithstanding claimant’s contention that the misrepresentation was not willful (see Labor Law § 597 [4]; Matter of McBurney [Commissioner of Labor], 46 AD3d 1308 [2007]).

[1350]*1350Mercure, J.P., Spain, Rose, Kane and Stein, JJ., concur. Ordered that the decision is affirmed, without costs.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 3, 2007, which, among other things, charged claimant with a recoverable overpayment of unemployment insurance benefits.

The sole issue presented by claimant on this appeal is whether she was properly charged by the Unemployment Insurance Appeal Board with a recoverable overpayment of unemployment insurance benefits. The record reveals that claimant, a registered nurse who failed a certain competency exam, was previously determined to have voluntarily left her employment without good cause because her employment ended after she declined to pursue an opportunity for a transfer to a position in which she would not be required to pass the exam. Inasmuch as claimant reported on her ensuing application for benefits that she had been fired, substantial evidence supports the Board’s finding of a recoverable overpayment, notwithstanding claimant’s contention that the misrepresentation was not willful (see Labor Law § 597 [4]; Matter of McBurney [Commissioner of Labor], 46 AD3d 1308 [2007]).

[1350]*1350Mercure, J.P., Spain, Rose, Kane and Stein, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

51 A.D.3d 1349, 857 N.Y.S.2d 514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-spiegler-nyappdiv-2008.

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