In re the Claim of Wolfe

Appellate Division of the Supreme Court of New York

In re the Claim of Wolfe

83 A.D.2d 685, 442 N.Y.S.2d 252, 1981 N.Y. App. Div. LEXIS 14996

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

DecidedJuly 9, 1981

StatusPublished

This text of 83 A.D.2d 685 (In re the Claim of Wolfe) 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 Wolfe, 83 A.D.2d 685, 442 N.Y.S.2d 252, 1981 N.Y. App. Div. LEXIS 14996 (N.Y. Ct. App. 1981).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 5, 1980, which affirmed the decision of a referee sustaining initial determinations of the Industrial Commissioner holding claimant ineligible to receive benefits during various periods, charging him with an overpayment of $846 ruled to be recoverable and imposing a forfeiture of effective days. The decision of the board holding claimant ineligible to receive benefits because he was not totally unemployed is supported by substantial evidence (Matter of Bunzl [Lubin], 1 AD2d 46) as is its determination charging him with an overpayment of benefits and imposing a forfeiture of effective days (Matter of Boyd [Ross], 59 AD2d 804, affd 46 NY2d 723). Pursuant to the rules of this court, costs are assessed in favor of claimant against the Industrial Commissioner in view of the latter’s excessive delay in filing respondent’s brief (22 NYCRR 800.9 [d]). Decision affirmed, with costs to claimant against the Industrial Commissioner. Mahoney, P. J., Kane, Main, Casey and Weiss, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 5, 1980, which affirmed the decision of a referee sustaining initial determinations of the Industrial Commissioner holding claimant ineligible to receive benefits during various periods, charging him with an overpayment of $846 ruled to be recoverable and imposing a forfeiture of effective days. The decision of the board holding claimant ineligible to receive benefits because he was not totally unemployed is supported by substantial evidence (Matter of Bunzl [Lubin], 1 AD2d 46) as is its determination charging him with an overpayment of benefits and imposing a forfeiture of effective days (Matter of Boyd [Ross], 59 AD2d 804, affd 46 NY2d 723). Pursuant to the rules of this court, costs are assessed in favor of claimant against the Industrial Commissioner in view of the latter’s excessive delay in filing respondent’s brief (22 NYCRR 800.9 [d]). Decision affirmed, with costs to claimant against the Industrial Commissioner. Mahoney, P. J., Kane, Main, Casey and Weiss, JJ., concur.

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Bluebook (online)

83 A.D.2d 685, 442 N.Y.S.2d 252, 1981 N.Y. App. Div. LEXIS 14996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-wolfe-nyappdiv-1981.

Opinion

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