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In re the Claim Furgang

27 A.D.2d 598 Court N.Y. App. Div. Decision date 1966-12-22 English

Delivered by Brink, J.

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p. 598
In the Matter of the Claim of Ben Furgang, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent.

Appeal from a decision of Unemployment Insurance Appeal Board denying unemployment insurance benefits. Following a hearing, the Referee found that the claimant falsely certified to total unemployment from March 22, to May 31, 1964, during which period he was not totally unemployed. Upon these grounds, a forfeiture of 24 effective days was imposed as a penalty in the reduction of claimant’s future rights, and he was charged with an overpayment of $115 in benefits, ruled to be recoverable. The Referee’s findings were afiifmed by the board. The determination was a factual question supported by evidence. Decision affirmed, without costs. Gibson, P. J., Herlihy, Reynolds and Staley, Jr., JJ., concur with Brink, J.