Losey v. Roberts

McCURN, District Judge.

MEMORANDUM-DECISION AND ORDER

Plaintiff Steven J. Losey brings this action pursuant to 28 U.S.C. §§ 1331 and 1343 basing his claims for relief on 28 U.S.C. §§ 2201, 2202 and 42 U.S.C. § 1983. He challenges the decision of defendant Industrial Commissioner of the State of New York to withhold current unemployment benefits as an offset to a prior debt claim. He seeks declaratory and injunctive relief and restitution of unemployment benefits.

Plaintiff contends that the setoff practice as employed by the defendant (1) conflicts with the federal statutory requirement that…