In re the Claim of McClain

Appellate Division of the Supreme Court of New York

In re the Claim of McClain

140 A.D.2d 912, 528 N.Y.S.2d 1021, 1988 N.Y. App. Div. LEXIS 5744

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

DecidedMay 26, 1988

StatusPublished

This text of 140 A.D.2d 912 (In re the Claim of McClain) 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 McClain, 140 A.D.2d 912, 528 N.Y.S.2d 1021, 1988 N.Y. App. Div. LEXIS 5744 (N.Y. Ct. App. 1988).

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Opinion

Claimant’s first contention on appeal, that she was entitled to receive benefits effective August 19, 1985, has been conceded by the Commissioner. Accordingly, the Board’s decision should be modified to reflect August 19, 1985 as the effective date of claimant’s eligibility.

We have considered claimant’s other contentions and find them to be without merit.

Decision modified, without costs, by changing the effective date of claimant’s eligibility to August 19, 1985, and, as so modified, affirmed. Casey, J. P., Mikoll, Levine, Harvey and Mercure, JJ., concur.

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Claimant’s first contention on appeal, that she was entitled to receive benefits effective August 19, 1985, has been conceded by the Commissioner. Accordingly, the Board’s decision should be modified to reflect August 19, 1985 as the effective date of claimant’s eligibility.

We have considered claimant’s other contentions and find them to be without merit.

Decision modified, without costs, by changing the effective date of claimant’s eligibility to August 19, 1985, and, as so modified, affirmed. Casey, J. P., Mikoll, Levine, Harvey and Mercure, JJ., concur.

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Bluebook (online)

140 A.D.2d 912, 528 N.Y.S.2d 1021, 1988 N.Y. App. Div. LEXIS 5744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-mcclain-nyappdiv-1988.