Opinion
2013-05-16
In the Matter of the Claim of Harold J. BABCOCK, Appellant. Commissioner of Labor, Respondent.
Harold J. Babcock, Lakawanna, appellant pro se. Eric T. Schneiderman, Attorney General, New York City (Dawn A. Foshee of counsel), for respondent.
Harold J. Babcock, Lakawanna, appellant pro se. Eric T. Schneiderman, Attorney General, New York City (Dawn A. Foshee of counsel), for respondent.
Before: STEIN, J.P., SPAIN, McCARTHY and GARRY, JJ.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 7, 2011, which, among other things, charged claimant with a recoverable overpayment of emergency unemployment compensation benefits.
The Unemployment Insurance Appeal Board ruled that Labor Law § 600(7) required a reduction in claimant's benefit rate following his receipt of payments from his union pension. Claimant was further charged with a recoverable overpayment of $8,439 in federally funded emergency unemployment compensation benefits, and the Board rejected his application for a waiver of repayment ( seePub. L. 110–252, tit. IV, § 4001 et seq., 122 U.S. Stat. 2323; Matter of Umpierre [Commissioner of Labor], 80 A.D.3d 1123, 1123, 914 N.Y.S.2d 921 [2011] ). Substantial evidence supports the finding that claimant's former employers fully funded his pension, “thereby triggering the statutory reduction in benefit payments” ( Matter of Johnson [Commissioner of Labor], 256 A.D.2d 804, 805, 681 N.Y.S.2d 387 [1998],lv. denied 93 N.Y.2d 803, 689 N.Y.S.2d 16, 711 N.E.2d 201 [1999];seeLabor Law § 600 [7]; Matter of Sanchez [Commissioner of Labor], 56 A.D.3d 846, 847, 866 N.Y.S.2d 459 [2008] ). Inasmuch as claimant's monthly income significantly exceeded his expenses, substantial evidence further supports the Board's determination “that a waiver of repayment was not called for as a matter of equity or good conscience” ( Matter of Silver [Commissioner of Labor], 84 A.D.3d 1634, 1635, 923 N.Y.S.2d 306 [2011] ).
ORDERED that the decision is affirmed, without costs.