In re the Claim of Germain

Appellate Division of the Supreme Court of New York

In re the Claim of Germain

220 A.D.2d 918, 632 N.Y.S.2d 327, 1995 N.Y. App. Div. LEXIS 10169

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

DecidedOctober 19, 1995

StatusPublished

Cited by1 cases

This text of 220 A.D.2d 918 (In re the Claim of Germain) 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 Germain, 220 A.D.2d 918, 632 N.Y.S.2d 327, 1995 N.Y. App. Div. LEXIS 10169 (N.Y. Ct. App. 1995).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 26, 1994, which ruled, inter alia, that claimant was ineligible to receive unemployment insurance benefits because he received employer-funded pension benefits.

After being laid off from his job as an iron worker, claimant received $2,100 per month from a union pension fund. The Board found claimant ineligible for unemployment insurance benefits because he received employer-funded pension benefits which exceeded his benefit rate. Claimant argues that he contributed to his pension by working and that, therefore, he should not be deemed ineligible to receive benefits. Inasmuch as the evidence established that claimant’s employer made the monetary contributions to the pension fund and that claimant received more in pension benefits than his benefit rate, substantial evidence supports the Board’s decision that claimant was ineligible for benefits.

Cardona, P. J., Mikoll, Yesawich Jr., Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 26, 1994, which ruled, inter alia, that claimant was ineligible to receive unemployment insurance benefits because he received employer-funded pension benefits.

After being laid off from his job as an iron worker, claimant received $2,100 per month from a union pension fund. The Board found claimant ineligible for unemployment insurance benefits because he received employer-funded pension benefits which exceeded his benefit rate. Claimant argues that he contributed to his pension by working and that, therefore, he should not be deemed ineligible to receive benefits. Inasmuch as the evidence established that claimant’s employer made the monetary contributions to the pension fund and that claimant received more in pension benefits than his benefit rate, substantial evidence supports the Board’s decision that claimant was ineligible for benefits.

Cardona, P. J., Mikoll, Yesawich Jr., Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

220 A.D.2d 918, 632 N.Y.S.2d 327, 1995 N.Y. App. Div. LEXIS 10169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-germain-nyappdiv-1995.

Opinion

Related

Cite This Page — Counsel Stack