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IN RE MALINOWSKI

No. 1297, Docket 97-5050.

156 F.3d 131 (1998)

In Re: Diane MALINOWSKI and Stanley Malinowski, Debtor Diane MALINOWSKI and Stanley Malinowski, Plaintiffs-Appellants, v. NEW YORK STATE DEPARTMENT OF LABOR, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 19, 1998.

Attorney(s) appearing for the Case

Richard T. Morrissey, for Plaintiff — Appellant.

Dennis C. Vacco, Attorney General's Office, State of New York, for Defendant — Appellee

Steven Koton, Department of Labor, State of New York, for Defendant — Appellee

Before: JACOBS, LEVAL, and GIBSON, Circuit Judges.

JOHN R. GIBSON, Circuit Judge:

The issue before us is whether the New York Department of Labor may withhold benefits on a January 1996 unemployment insurance claim by Stanley Malinowski, who filed for bankruptcy in January 1995, to recover an overpayment made to Malinowski on a January 1994 unemployment claim. The bankruptcy court held that the Department could withhold the benefits under the doctrine of recoupment, and the district court affirmed. Malinowski and...

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