Wednesday, January 20, 2010


Here is a portion of another Appellate Division case in which overpayments are discussed:

IN RE MEISTER, 43 A.D.3d 1243 [3d Dept 2007], 2007 NY Slip Op 06786, 841 N.Y.S.2d 727

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 5, 2006, which, among other things, ruled that claimant was ineligible to receive unemployment insurance benefits because she was not totally unemployed.

Before: Peters, J.P., Spain, Carpinello, Mugglin and Rose,
JJ., concur.


The Board assessed a recoverable overpayment of $5,778.75 against claimant under the provisions of Labor Law § 597. A majority of this assessed overpayment was attributable to claimant's January 2005 claim (see Labor Law § 597 [3]). To the extent that $1,316.25 was attributable to her November 2002 claim, the Board specifically found that her certifications of no work "constitute[d] willful misrepresentations" such that the entire sum could be recouped under Labor Law § 597 (4) (see e.g. Matter of Volvo [Ross], 57 NY2d 116, 127-128 [1982]; Matter of Kansu [Commissioner of Labor], 36 AD3d 1185, 1187 [2007]), and the forfeiture penalty under Labor Law § 594 was also proper (see e.g. Matter of Small [Commissioner of Labor], 23 AD3d 873, 874 [2005]).

Ordered that the decision is affirmed, without costs.

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