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Searchable Decisions

The Appeal Board, on its motion pursuant to Labor Law §534, has reopened and reconsidered Appeal Board Nos. 614486 and 614487, filed June 28, 2021, which affirmed the decisions of the Administrative Law Judge and sustained the initial determinations holding , effective June 29, 2020, that the wages paid to the claimant, a non-professional employee of an educational institution, cannot be used to establish a valid original claim during the period between two successive academic terms, on the basis that the claimant had reasonable assurance of performing services at the educational institution in the next academic term pursuant to Labor Law § 590 (11); charging the claimant with an overpayment of Federal Pandemic Unemployment Compensation of $1200 recoverable pursuant to Section 2104 (f)(2) of the Coronavirus Aid, Relief and Economic Security (CARES) Act of 2020; and charging the claimant with an overpayment of Lost Wages Assistance benefits of $1500 recoverable pursuant to 44 CFR Sec.206.120 (f)(5)By order filed November 17, 2021, the Board remanded the case to the Hearing Section for a hearing. The Administrative Law Judge held a telephone conference hearing at which all parties were accorded a full opportunity to be heard and at which testimony was taken. There was an appearance by the claimant.

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Searchable Decisions

The Department of Labor issued the initial determination disqualifying the claimant from receiving benefits, effective March 13, 2021, on the basis that the claimant voluntarily separated from employment without good cause. The claimant requested a hearing.

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Searchable Decisions

In Appeal Board Nos. 618138 and 618139, the claimant appeals from the decisions of the Administrative Law Judge filed August 29, 2021, which sustained the initial determinations disqualifying the claimant from receiving benefits, effective July 7, 2020, on the basis that the claimant voluntarily separated from employment without good cause and charging the claimant with an overpayment of $3,600.00 in Federal Pandemic Unemployment Compensation (FPUC)repayable pursuant to § 2104 (f) (2) of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020.

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Searchable Decisions

In Appeal Board Nos. 618138 and 618139, the claimant appeals from the decisions of the Administrative Law Judge filed August 29, 2021, which sustained the initial determinations disqualifying the claimant from receiving benefits, effective July 7, 2020, on the basis that the claimant voluntarily separated from employment without good cause and charging the claimant with an overpayment of $3,600.00 in Federal Pandemic Unemployment Compensation (FPUC)repayable pursuant to § 2104 (f) (2) of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020.

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Searchable Decisions

In Appeal Board Nos. 617953 and 617954, the claimant appeals from the decisions of the Administrative Law Judge filed August 16, 2021, which defaulted the claimant for failing to proceed at the scheduled hearing and in so doing, continued in effect the initial determinations holding the claimant ineligible to receive benefits, effective March 9, 2020, on the basis that the claimant was not available for employment; holding the claimant ineligible to receive Pandemic Unemployment Assistance (PUA) benefits; charging the claimant with an overpayment of Federal Pandemic Unemployment Compensation of$10,200.00 recoverable pursuant to § 2104 (f)(2) of the Coronavirus Aid, Relief and Economic Security (CARES) Act of 2020; and charging the claimant with an overpayment of $3,458.00 in Pandemic Unemployment Assistance (PUA)recoverable pursuant to § 2102 (h) of the Coronavirus Aid, Relief and Economic Security (CARES) Act of 2020 and 20 CFR § 625.14 (a).

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Searchable Decisions

In Appeal Board Nos. 617953 and 617954, the claimant appeals from the decisions of the Administrative Law Judge filed August 16, 2021, which defaulted the claimant for failing to proceed at the scheduled hearing and in so doing, continued in effect the initial determinations holding the claimant ineligible to receive benefits, effective March 9, 2020, on the basis that the claimant was not available for employment; holding the claimant ineligible to receive Pandemic Unemployment Assistance (PUA) benefits; charging the claimant with an overpayment of Federal Pandemic Unemployment Compensation of$10,200.00 recoverable pursuant to § 2104 (f)(2) of the Coronavirus Aid, Relief and Economic Security (CARES) Act of 2020; and charging the claimant with an overpayment of $3,458.00 in Pandemic Unemployment Assistance (PUA)recoverable pursuant to § 2102 (h) of the Coronavirus Aid, Relief and Economic Security (CARES) Act of 2020 and 20 CFR § 625.14 (a).

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Searchable Decisions

In Appeal Board Nos. 617808, 617809, and 617810, the claimant appeals from the decisions of the Administrative Law Judge filed August 18, 2021, insofar as they sustained the initial determinations disqualifying the claimant from receiving benefits, effective September 10,2020, on the basis that the claimant voluntarily separated from employment without good cause; charging the claimant with an overpayment of $1,001 in regular unemployment insurance benefits recoverable pursuant to Labor Law § 597 (4), $1,144 in Federal Pandemic Unemployment Compensation (FPUC) benefits repayable pursuant to §2104 (f) (2) of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020, and $1,800 in Lost Wages Assistance (LWA) benefits recoverable pursuant to 44 CFR Sec. 206.120 (f)(5); and reducing the claimant's right to receive future benefits by eight effective days and charging a civil penalty of $150.15 on the basis that the claimant made a willful misrepresentation to obtain benefits.

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Searchable Decisions

In Appeal Board Nos. 617808, 617809, and 617810, the claimant appeals from the decisions of the Administrative Law Judge filed August 18, 2021, insofar as they sustained the initial determinations disqualifying the claimant from receiving benefits, effective September 10,2020, on the basis that the claimant voluntarily separated from employment without good cause; charging the claimant with an overpayment of $1,001 in regular unemployment insurance benefits recoverable pursuant to Labor Law § 597 (4), $1,144 in Federal Pandemic Unemployment Compensation (FPUC) benefits repayable pursuant to §2104 (f) (2) of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020, and $1,800 in Lost Wages Assistance (LWA) benefits recoverable pursuant to 44 CFR Sec. 206.120 (f)(5); and reducing the claimant's right to receive future benefits by eight effective days and charging a civil penalty of $150.15 on the basis that the claimant made a willful misrepresentation to obtain benefits.

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Searchable Decisions

In Appeal Board Nos. 617805, 617806, and 617807, the claimant appeals from the decisions of the Administrative Law Judge filed August 18, 2021, insofar as they sustained the initial determinations holding the claimant ineligible to receive benefits, effective September 8, 2020 through September 9, 2020, on the basis that the claimant was not totally unemployed; charging the claimant with an overpayment of $35.75 in regular unemployment insurance benefits recoverable pursuant to Labor Law § 597 (4); and reducing the claimant's right to receive future benefits by eight effective days and charging a civil penalty of $100 on the basis that the claimant made a willful misrepresentation to obtain benefits.

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Searchable Decisions

The Department of Labor issued the initial determination disqualifying the claimant from receiving benefits, effective March 1, 2021, on the basis that the claimant voluntarily separated from employment without good cause. The claimant requested a hearing.

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