People v. Page

New York Supreme Court

People v. Page

39 Misc. 2d 294, 240 N.Y.S.2d 377, 1963 N.Y. Misc. LEXIS 2017

DecidedMay 20, 1963

StatusPublished

This text of 39 Misc. 2d 294 (People v. Page) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Page, 39 Misc. 2d 294, 240 N.Y.S.2d 377, 1963 N.Y. Misc. LEXIS 2017 (N.Y. Super. Ct. 1963).

Pincite

Opinion

Lawrence H. Cooke, J.

In this action instituted to recover overpayments of unemployment insurance benefits in the sum [295]*295of $1,518.75, plaintiff moves for summary judgment. It appears that three initial determinations were made by the Industrial Commissioner on December 28, 1959, finding that the total of said overpayments was in said sum and, by the pleadings, it is admitted that a copy of said determinations was mailed on the same day, concerning which no request for hearing was made or appeal taken thereafter by defendant.

Defendant contends that this action is barred by the Statute of Limitations because it was not brought within two years from accrual. This being an action for overpayment, said defense is not tenable (Civ. Prac. Act, § 48, subds. 1, 5; 1947 Atty. Gen. 227).

There was no request by defendant for a hearing and it appears that defendant failed to exhaust the prescribed statutory procedure which was available to him (Matter of Ferraioli, 7 A D 2d 819; People v. Sheiman, 207 Misc. 788; Matter of Jamaica Concrete Corp. [Wedeen], 185 Misc. 655; Matter of Denemark [State Ind. Commr.], 184 Misc. 402; People v. Gallagher, N. Y. L. J., Oct. 29, 1956, p. 7, col. 4; Labor Law. §§ 620, 626). The motion by plaintiff for summary judgment is granted.

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

Lawrence H. Cooke, J.

In this action instituted to recover overpayments of unemployment insurance benefits in the sum [295]*295of $1,518.75, plaintiff moves for summary judgment. It appears that three initial determinations were made by the Industrial Commissioner on December 28, 1959, finding that the total of said overpayments was in said sum and, by the pleadings, it is admitted that a copy of said determinations was mailed on the same day, concerning which no request for hearing was made or appeal taken thereafter by defendant.

Defendant contends that this action is barred by the Statute of Limitations because it was not brought within two years from accrual. This being an action for overpayment, said defense is not tenable (Civ. Prac. Act, § 48, subds. 1, 5; 1947 Atty. Gen. 227).

There was no request by defendant for a hearing and it appears that defendant failed to exhaust the prescribed statutory procedure which was available to him (Matter of Ferraioli, 7 A D 2d 819; People v. Sheiman, 207 Misc. 788; Matter of Jamaica Concrete Corp. [Wedeen], 185 Misc. 655; Matter of Denemark [State Ind. Commr.], 184 Misc. 402; People v. Gallagher, N. Y. L. J., Oct. 29, 1956, p. 7, col. 4; Labor Law. §§ 620, 626). The motion by plaintiff for summary judgment is granted.

Cite This Page — Counsel Stack

Bluebook (online)

39 Misc. 2d 294, 240 N.Y.S.2d 377, 1963 N.Y. Misc. LEXIS 2017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-page-nysupct-1963.

Opinion

Related

Cite This Page — Counsel Stack