Legal Opinion

In re the Claim of Soto

Appellate Division of the Supreme Court of the State of New York

Decided December 29, 1970PublishedCited by 10 opinions

1Opinion of the CourtCooke, J.

This is an appeal by claimant from a decision of the Unemployment Insurance Appeal Board, filed June 23, 1970, which sustained a determination that the Commissioner could set off the amount of a previous overpayment against benefits concededly due under a current claim.

The facts are not in dispute. In 1950 and 1951, after filing for unemployment insurance benefits and certifying that she lost employment because of a layoff, claimant received $399' in *396"benefits before it was discovered that she was laid off because of pregnancy (see Matter of Aufieri, 278 App. Div. 733). On March 14,1952 the…

2Cases cited4 opinions

  1. Bullock v. . CooleyNew York Court of Appeals · 1919
  2. Long Beach Trust Co. v. WarshawNew York Court of Appeals · 1934
  3. Taylor v. StateAppellate Division of the Supreme Court of the State of New York · 1944
  4. In re the Claim of AufieriAppellate Division of the Supreme Court of the State of New York · 1951

3Cited by10 opinions

  1. In Re MaineUnited States Bankruptcy Court, W.D. New York · 1983
  2. Fahey v. WhalenAppellate Division of the Supreme Court of the State of New York · 1976
  3. In re the Claim of BarrAppellate Division of the Supreme Court of the State of New York · 2000
  4. Losey v. RobertsDistrict Court, N.D. New York · 1986
  5. State v. Belt Parkway Nursing HomeNew York Supreme Court · 1978

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