In re the Claim of Manheim

Appellate Division of the Supreme Court of New York

In re the Claim of Manheim

49 A.D.2d 986, 375 N.Y.S.2d 35, 1975 N.Y. App. Div. LEXIS 11309

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

DecidedOctober 30, 1975

StatusPublished

Cited by3 cases

This text of 49 A.D.2d 986 (In re the Claim of Manheim) 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 Manheim, 49 A.D.2d 986, 375 N.Y.S.2d 35, 1975 N.Y. App. Div. LEXIS 11309 (N.Y. Ct. App. 1975).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 3, 1974, which reduced claimant’s benefit rate from $75 to $34 a week effective August 15, 1973 through December 31, 1973 and from $75 to $31 a week effective January 1, 1974, pursuant to section 600 of the Labor Law. Claimant, a supply assistant, worked for the Department of the Army for 23 years until she involuntarily retired on June 30, 1973. The record reveals that she received a pension of some $366 a month and that the Federal employer contributed more than 50% towards the pension. The sole issue is whether claimant’s benefits were properly reduced pursuant to section 600 of the Labor Law, resulting in overpayment to claimant. The board found that claimant’s benefits were subject to reduction and that there was an overpayment in the sum of $1,364. The record substantiates this finding. (Matter of Lipsky [Levine], 44 AD2d 95; Matter of Flynn [Levine], 42 AD2d 662.) Decision affirmed, without costs. Herlihy, P. J., Sweeney, Koreman, Main and Reynolds, JJ., concur.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 3, 1974, which reduced claimant’s benefit rate from $75 to $34 a week effective August 15, 1973 through December 31, 1973 and from $75 to $31 a week effective January 1, 1974, pursuant to section 600 of the Labor Law. Claimant, a supply assistant, worked for the Department of the Army for 23 years until she involuntarily retired on June 30, 1973. The record reveals that she received a pension of some $366 a month and that the Federal employer contributed more than 50% towards the pension. The sole issue is whether claimant’s benefits were properly reduced pursuant to section 600 of the Labor Law, resulting in overpayment to claimant. The board found that claimant’s benefits were subject to reduction and that there was an overpayment in the sum of $1,364. The record substantiates this finding. (Matter of Lipsky [Levine], 44 AD2d 95; Matter of Flynn [Levine], 42 AD2d 662.) Decision affirmed, without costs. Herlihy, P. J., Sweeney, Koreman, Main and Reynolds, JJ., concur.

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49 A.D.2d 986, 375 N.Y.S.2d 35, 1975 N.Y. App. Div. LEXIS 11309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-manheim-nyappdiv-1975.

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