Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 9, 1979. Claimant, a secretary with Manufacturers Hanover, left that employment in May of 1977 when the travel involved became too burdensome for her to cope with. She was disqualified from receiving benefits upon a finding that her termination was without good cause. On or about August 1, 1979 claimant contends she went to work for the M & M Drug Store in Brooklyn at a salary of $125 a week. At the end of three weeks claimant was terminated and again applied for benefits. The local office, apparently acting on the theory that this employment with M & M broke the prior disqualification (Labor Law, § 593, subd 1, par [a]), paid claimant benefits amounting to $2,397 for the period from September 12, 1977 through March 26, 1978. At some point, the Industrial Commissioner concluded that the original disqualification was not terminated by the employment at M & M because, in fact, there was no legitimate employment relationship. The Administrative Law Judge concluded otherwise, but the board reversed his decision and sustained the determination of the Industrial Commissioner, holding the payment of $2,397 to be an overpayment and recoverable because there was no bona fide employment and because claimant had made willful false statements in order to obtain benefits. The factual situation presented and the
