In re the Claim of Fierro

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 9, 2009, which, upon reconsideration, among other things, charged claimant with a recoverable overpayment of unemployment insurance benefits.

The Commissioner of Labor determined that claimant received a recoverable overpayment of unemployment insurance benefits in the amount of $13,804 (see Labor Law § 597 [4]). The facts underlying the overpayment resulted in a criminal charge, and claimant pleaded guilty to grand larceny in the fourth degree. He was sentenced to probation and ordered to pay monthly restitution of…