In re the Claim of De Salvo

Appellate Division of the Supreme Court of New York

In re the Claim of De Salvo

249 A.D.2d 619, 670 N.Y.S.2d 939, 1998 N.Y. App. Div. LEXIS 3595

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 2, 1998

StatusPublished

Cited by2 cases

This text of 249 A.D.2d 619 (In re the Claim of De Salvo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim of De Salvo, 249 A.D.2d 619, 670 N.Y.S.2d 939, 1998 N.Y. App. Div. LEXIS 3595 (N.Y. Ct. App. 1998).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 16, 1997, which reduced claimant’s weekly unemployment, insurance benefit rate to zero.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board reducing claimant’s benefit rate to zero. The record establishes that claimant received a monthly pension which had been fully funded by the employer. Consequently, claimant’s unemployment insurance benefits were properly reduced by the amount of her pension benefits (see, Labor Law § 600 [7]; Matter of Levin [Sweeney], 244 AD2d 642).

Mikoll, J. P., Mercure, White, Peters and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

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—Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 16, 1997, which reduced claimant’s weekly unemployment, insurance benefit rate to zero.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board reducing claimant’s benefit rate to zero. The record establishes that claimant received a monthly pension which had been fully funded by the employer. Consequently, claimant’s unemployment insurance benefits were properly reduced by the amount of her pension benefits (see, Labor Law § 600 [7]; Matter of Levin [Sweeney], 244 AD2d 642).

Mikoll, J. P., Mercure, White, Peters and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

249 A.D.2d 619, 670 N.Y.S.2d 939, 1998 N.Y. App. Div. LEXIS 3595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-de-salvo-nyappdiv-1998.

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