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IN THE MATTER OF DIAZ v. COMMISSIONER OF LABOR

57 A.D.3d 1150 (2008)

868 N.Y.S.2d 554

In the Matter of the Claim of SONIA DIAZ, Appellant. COMMISSIONER OF LABOR, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

December 11, 2008.

Substantial evidence supports the Unemployment Insurance Appeal Board's finding that claimant made willful misrepresentations to obtain unemployment insurance benefits, thereby justifying the imposition of a recoverable overpayment and forfeiture of future benefits (see Matter of Sexton [Commissioner of Labor], 51 A.D.3d 1312, 1312 [2008]), notwithstanding claimant's contention that the misrepresentations were not knowingly made...

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