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Matter of Soto (Catherwood) – Case Brief Summary (New York)

In Matter of Soto (Catherwood), 35 AD2d 395, 317 NYS2d 70 [3d Dept 1970]), the Court upheld the State's common-law right to recover benefits improperly paid out to a claimant receiving unemployment benefits by offsetting payments to which she was otherwise entitled 14 years later.

In its decision the Court did not hold or suggest that the State's set-off right was timeless.

Instead, it held that the State properly acted within the 20-year limitations period that governed the judgment it had obtained for the overpayment and rejected the claimant's argument that a shorter period was applicable.