In re the Claim of Allyn

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 23, 1986,. which allowed the Commissioner of Labor to recover a portion of overpaid benefits due to an uncontested finding that claimant was not totally unemployed.

The sole issue in this case is whether there is substantial evidence to support the administrative finding that the Commissioner of Labor was empowered by Labor Law § 597 (3) to recover benefits paid to claimant based upon new and corrected information received by the Commissioner that claimant wrote checks on behalf of the corporation during the…