In re the Claim of Story

Appellate Division of the Supreme Court of New York

In re the Claim of Story

33 A.D.2d 1072, 307 N.Y.S.2d 380, 1970 N.Y. App. Div. LEXIS 5530

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

DecidedFebruary 16, 1970

StatusPublished

This text of 33 A.D.2d 1072 (In re the Claim of Story) 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 Story, 33 A.D.2d 1072, 307 N.Y.S.2d 380, 1970 N.Y. App. Div. LEXIS 5530 (N.Y. Ct. App. 1970).

Pincite

Opinion

Sweeney, J.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 25, 1969, which affirmed a decision holding claimant ineligible to receive benefits. The sole question presented on this appeal is whether claimant, a former State employee receiving a retirement allowance under article 2 of the Retirement and Social Security Law, is eligible for benefits under article 18 of the Labor Law based on remuneration from the State. We have previously passed on this question and held that a former State employee is not eligible to receive unemployment benefits since he is prohibited by subdivision 5 of section 590 of the Labor Law. (Matter of Gombar [Catherwood,), 31 A D 2d 1000; Master of Becker [Catherwood], 27 A D 2d 594.) Decision affirmed, without costs. Herlihy, P. J., Staley, Jr., Greenblott, -Cooke and Sweeney, JJ., concur in memorandum by Sweeney, J.

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Sweeney, J.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 25, 1969, which affirmed a decision holding claimant ineligible to receive benefits. The sole question presented on this appeal is whether claimant, a former State employee receiving a retirement allowance under article 2 of the Retirement and Social Security Law, is eligible for benefits under article 18 of the Labor Law based on remuneration from the State. We have previously passed on this question and held that a former State employee is not eligible to receive unemployment benefits since he is prohibited by subdivision 5 of section 590 of the Labor Law. (Matter of Gombar [Catherwood,), 31 A D 2d 1000; Master of Becker [Catherwood], 27 A D 2d 594.) Decision affirmed, without costs. Herlihy, P. J., Staley, Jr., Greenblott, -Cooke and Sweeney, JJ., concur in memorandum by Sweeney, J.

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Bluebook (online)

33 A.D.2d 1072, 307 N.Y.S.2d 380, 1970 N.Y. App. Div. LEXIS 5530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-story-nyappdiv-1970.