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MALADY v. BD. OF REVIEW, DIV. OF EMPLOYMENT SECURITY

76 N.J. 527 (1978)

388 A.2d 947

MICHAEL J. MALADY, CLAIMANT-APPELLANT, v. BOARD OF REVIEW, DIVISION OF EMPLOYMENT SECURITY, DEPARTMENT OF LABOR AND INDUSTRY, STATE OF NEW JERSEY, RESPONDENTS-RESPONDENTS, AND FAMILY COUNSELING SERVICES AND SOUTH BERGEN MENTAL HEALTH CENTER.

The Supreme Court of New Jersey.

Decided May 8, 1978.

Attorney(s) appearing for the Case

Mr. Richard S. Semel argued the cause for appellant.

Mr. Michael S. Bokar, Deputy Attorney General, argued the cause for respondents (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

PER CURIAM.

At issue is whether the claimant Michael Malady, who engaged in part-time employment while receiving full unemployment benefits, is liable under N.J.S.A. 43:21-16(d) to repay a sum equal to the entire amount so received. That amount was inclusive of the sum to which plaintiff was otherwise entitled as partial unemployment benefits pursuant to N.J.S.A. 43:21-3(b) had he reported his total earnings truthfully and accurately. The Appellate Division...

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