In re the Claim of De Voe

Appellate Division of the Supreme Court of New York

In re the Claim of De Voe

193 A.D.2d 1042, 598 N.Y.S.2d 1003, 1993 N.Y. App. Div. LEXIS 5340

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

DecidedMay 27, 1993

StatusPublished

Cited by4 cases

This text of 193 A.D.2d 1042 (In re the Claim of De Voe) 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 Voe, 193 A.D.2d 1042, 598 N.Y.S.2d 1003, 1993 N.Y. App. Div. LEXIS 5340 (N.Y. Ct. App. 1993).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 30, 1992, which ruled that claimant’s benefit ratio should be reduced to zero.

The maximum amount of unemployment insurance benefits that claimant could receive was $300 per week. After he left his employment in January 1991, claimant began receiving a monthly pension of $1,756.01 from a pension fund that was totally funded by his employer. Because the weekly equivalent of claimant’s pension exceeded the $300 benefit rate, the Unemployment Insurance Appeal Board reduced claimant’s benefit rate to zero pursuant to Labor Law § 600 (7). We reject claimant’s contention that this statute infringes upon his right to equal protection. In dealing with this same issue previously, this Court has specifically stated that "the distinction made in the statute * * * is rational and bears a direct relationship to the underlying purpose of the Unemployment Insurance Law, which is to provide income to unemployed workers who are without earned income” (Matter of Liss [Ross], 80 AD2d 716; see, Matter of Sortina [Gant & Assocs.— Hartnett], 161 AD2d 922, appeal dismissed 76 NY2d 888, lv denied 77 NY2d 801). There is simply no merit to claimant’s argument that the statutory classification constitutes age discrimination.

Weiss, P. J., Levine, Mercure and Mahoney, 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 March 30, 1992, which ruled that claimant’s benefit ratio should be reduced to zero.

The maximum amount of unemployment insurance benefits that claimant could receive was $300 per week. After he left his employment in January 1991, claimant began receiving a monthly pension of $1,756.01 from a pension fund that was totally funded by his employer. Because the weekly equivalent of claimant’s pension exceeded the $300 benefit rate, the Unemployment Insurance Appeal Board reduced claimant’s benefit rate to zero pursuant to Labor Law § 600 (7). We reject claimant’s contention that this statute infringes upon his right to equal protection. In dealing with this same issue previously, this Court has specifically stated that "the distinction made in the statute * * * is rational and bears a direct relationship to the underlying purpose of the Unemployment Insurance Law, which is to provide income to unemployed workers who are without earned income” (Matter of Liss [Ross], 80 AD2d 716; see, Matter of Sortina [Gant & Assocs.— Hartnett], 161 AD2d 922, appeal dismissed 76 NY2d 888, lv denied 77 NY2d 801). There is simply no merit to claimant’s argument that the statutory classification constitutes age discrimination.

Weiss, P. J., Levine, Mercure and Mahoney, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

193 A.D.2d 1042, 598 N.Y.S.2d 1003, 1993 N.Y. App. Div. LEXIS 5340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-de-voe-nyappdiv-1993.

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