In re the Claim of Gold

Appellate Division of the Supreme Court of New York

In re the Claim of Gold

282 A.D.2d 855, 722 N.Y.S.2d 923, 2001 N.Y. App. Div. LEXIS 3692

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

DecidedApril 12, 2001

StatusPublished

Cited by2 cases

This text of 282 A.D.2d 855 (In re the Claim of Gold) 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.

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In re the Claim of Gold, 282 A.D.2d 855, 722 N.Y.S.2d 923, 2001 N.Y. App. Div. LEXIS 3692 (N.Y. Ct. App. 2001).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 14, 2000, which, inter alia, reduced claimant’s weekly unemployment insurance benefit rate to zero.

The record demonstrates that claimant received a pension that had been fully funded by the employer. Accordingly, we find that substantial evidence supports the decision of the Unemployment Insurance Appeal Board reducing claimant’s weekly benefit rate to zero (see, Labor Law § 600 [7]; Matter of Scheiner [Commissioner of Labor], 263 AD2d 658). To hold otherwise would subvert the purpose of the Unemployment Insurance Law, i.e., “to provide income to unemployed workers who are without earned income” (Matter of Liss [Ross], 80 AD2d 716).

Crew III, J. P., Peters, Spain, Carpinello and Mugglin, 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 July 14, 2000, which, inter alia, reduced claimant’s weekly unemployment insurance benefit rate to zero.

The record demonstrates that claimant received a pension that had been fully funded by the employer. Accordingly, we find that substantial evidence supports the decision of the Unemployment Insurance Appeal Board reducing claimant’s weekly benefit rate to zero (see, Labor Law § 600 [7]; Matter of Scheiner [Commissioner of Labor], 263 AD2d 658). To hold otherwise would subvert the purpose of the Unemployment Insurance Law, i.e., “to provide income to unemployed workers who are without earned income” (Matter of Liss [Ross], 80 AD2d 716).

Crew III, J. P., Peters, Spain, Carpinello and Mugglin, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

282 A.D.2d 855, 722 N.Y.S.2d 923, 2001 N.Y. App. Div. LEXIS 3692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-gold-nyappdiv-2001.

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