In re the Claim of McArdle

Appellate Division of the Supreme Court of New York

In re the Claim of McArdle

274 A.D. 959, 83 N.Y.S.2d 923, 1948 N.Y. App. Div. LEXIS 4250

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

DecidedNovember 17, 1948

StatusPublished

Cited by4 cases

This text of 274 A.D. 959 (In re the Claim of McArdle) 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 McArdle, 274 A.D. 959, 83 N.Y.S.2d 923, 1948 N.Y. App. Div. LEXIS 4250 (N.Y. Ct. App. 1948).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board denying unemployment benefits to claimant. Claimant’s employment by the State of New York terminated June 1, 1947, because he had reached the mandatory retirement age. A delay relative to the determination of his rights to retirement benefits ensued. In the interim claimant applied for and was denied unemployment insurance benefits. He has now been granted and paid a retirement allowance retroactive to June 1, 1947. Under subdivision 5 of section 590 of the Unemployment Insurance Law (Labor Law, art. 18) claimant is not entitled to unemployment insurance benefits based on wages paid to him by the State. Determination unanimously confirmed, without costs. Present ■ — ■ Hill, P. J., Heffernan, Brewster, Foster and Deyo, JJ.

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Appeal from a decision of the Unemployment Insurance Appeal Board denying unemployment benefits to claimant. Claimant’s employment by the State of New York terminated June 1, 1947, because he had reached the mandatory retirement age. A delay relative to the determination of his rights to retirement benefits ensued. In the interim claimant applied for and was denied unemployment insurance benefits. He has now been granted and paid a retirement allowance retroactive to June 1, 1947. Under subdivision 5 of section 590 of the Unemployment Insurance Law (Labor Law, art. 18) claimant is not entitled to unemployment insurance benefits based on wages paid to him by the State. Determination unanimously confirmed, without costs. Present ■ — ■ Hill, P. J., Heffernan, Brewster, Foster and Deyo, JJ.

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Bluebook (online)

274 A.D. 959, 83 N.Y.S.2d 923, 1948 N.Y. App. Div. LEXIS 4250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-mcardle-nyappdiv-1948.

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