52. Unemployment Insurance

113 DOS 94 Matter of Carroll - DOS has jurisdiction to determine fraud or fraudulent practice or untrustworthiness and incompetence as to activity which could be violation of other law, such as Labor Law; no jurisdiction of respondent who was unlicensed when alleged unlawful acts occurred and not licensed when notice of hearing and complaint served; DOS fails to prove fraud or misrepresentation in disclosure notices; failure to prove time correlation of work as salesperson and collection of unemployment insurance; failure to prove false statement to collect unemployment insurance; fraudulent practice doesn't require intent; General Business Law §349(a) deceptive act or practice; failure of proof of violation of RPL §443(e)(5) 
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Fourth quarter Legal Lines now available

The fourth quarter 2019 edition of NYSAR’s Legal Lines is now available online at This edition covers new DOS proposed regulations, emotional support animals in housing, Landlord discrimination and more. Learn more